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18 January, 2023

Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met

His Majesty's Revenue & Customs v The Secretary of State for Work and Pensions and SA (TC)
[2022] UKUT 350 (AAC)
UA-2020-000563-TC
Reported as [2023] AACR 4

17 January, 2023

Court of Appeal upholds High Court ruling that Secretary of State did not act unlawfully in deciding not to uprate legacy benefits in line with universal credit from 6 April 2021

T & Ors v Secretary of State for Work & Pensions [2023] EWCA Civ 24

12 January, 2023

Tribunal correctly assessed that claimant could not establish ‘exceptional circumstances’ to enable PIP appeal, prompted by an unsuccessful LEAP review, outside 13-month absolute time limit

GJ v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 340 (AAC)
UA-2021-001099-CPIP

10 January, 2023

When considering a backdating request for universal credit, tribunal should consider whether original claim included an ‘implied claim’ for a past period

WB v Secretary of State for Work and Pensions (UC)
[2022] UKUT 332 (AAC)
UA-2022-000123-USTA

10 January, 2023

Whether tribunal considering further appeal against decision that was finally determined ten years earlier was correct to find that it had no jurisdiction to admit it

AA v Secretary of State for Work and Pensions (JSA)
[2022] UKUT 341 (AAC)
UA-2022-000624-JSA

21 December, 2022

High Court rules that Home Secretary is acting unlawfully by failing to provide for essential living needs of asylum seekers

R (on the application of CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin)

19 December, 2022

Where Upper Tribunal has accepted appeal on one ground, it need not address other grounds

FW v Secretary of State for Work and Pensions (PIP)
2022 UKUT 304 (AAC)
UA-2021-000810-PIP

19 December, 2022

Tick box answers in PIP2 questionnaire cannot be used by First-tier Tribunal as a proxy to obviate the need to make findings about the frequency of a claimant’s difficulties

AW v Secretary of State for Work and Pensions (PIP)
2022 UKUT 316 (AAC)
UA-2021-000723-PIP

14 December, 2022

Tribunal’s failure to put to a child DLA claimant’s appointee the strategies it considered could reduce the child’s need for attention below the threshold for an award amounted to an error of law

KH (by CH) v Secretary of State for Work and Pensions (DLA)
2022 UKUT 303 (AAC)
UA-2021-000448-DLA

12 December, 2022

Before refusing universal credit on a right to reside ground to a claimant with pre-settled status, Secretary of State must be satisfied that refusal would not prevent them living in dignity

Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening)
[2022] UKUT 330 (AAC)
UA-2022-001067-USTA

5 December, 2022

Court of Appeal dismisses challenge to universal credit disabled student rules

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWCA Civ 1593

22 November, 2022

First-tier Tribunal failed to give adequate reasons for decision not to exercise discretion to extend 13-month absolute time limit for appealing

KD v Secretary of State for Work and Pensions
[2021] UKUT 329 (AAC)
UA-2021-001557

22 November, 2022

First-tier Tribunal’s failure to recognise it had discretion to admit an appeal outside the 13-month absolute time limit in exceptional circumstances amounted to error of law

MZ v Secretary of State for Work and Pensions (UC)
[2022] UKUT 292 (AAC)
UA-2021-00695-UOTH

9 November, 2022

Claimants are not required to satisfy all of the elements of the definition of ‘take nutrition’ in order to score points under PIP daily living descriptor 2(b)

CW v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 281 (AAC)
UA-2021-000241-PIP

9 November, 2022

Earnings received in an assessment period are to be taken into account when assessing universal credit for that period even where they relate to an earlier period and were paid late

Department for Communities-v-OS (UC)
[2022] NICom 29
C2/21-22(UC)

9 November, 2022

First-tier Tribunal gave adequate reasons for finding that claimant experienced work-aggravated asthma rather than work-caused occupational asthma

NP v Secretary of State for Work and Pensions (II)
[2022] UKUT 279 (AAC)
UA-2019-002304-II

21 October, 2022

Provisions relating to national insurance credits for unemployment do not only apply to people who are jobseeker’s allowance claimants

KL v the Secretary of State for Work and Pensions
[2022] UKUT 270 (AAC)
UA-2021-000270-JSA

19 October, 2022

Child benefit backdating following grant of refugee status in circumstances where Home Office decision letter said claim cannot be made prior to receipt of Biometric Residence Permit

Her Majesty's Revenue and Customs v BZ
[2022] UKUT 264 (AAC)
UA-2021-000866-CHB

6 October, 2022

Refusal to extend time to apply for mandatory reconsideration of tax credit decision gives rise to right of appeal to First-tier Tribunal

AB v Her Majesty's Revenue and Customs (TC)
[2021] UKUT 328 (AAC)
CTC/886/2021

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