× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Welfare rights
(Upper Tribunal)

7 December, 2021

Claimant that worked erratic hours under zero hours contract was still required to meet ‘regular employment’ condition in order to retain entitlement to reduced earnings allowance

AR v Secretary of State for Work and Pensions (II)
[2021] UKUT 279 (AAC)
CI/242/2021

19 November, 2021

Supersession to account for deterioration after industrial injuries disablement benefit award requires an initial ‘notional assessment’ of disablement that ignores any constitutional degenerative changes

PA v Secretary of State for Work and Pensions (II)
[2021] UKUT 257 (AAC)
CI/940/2020

3 November, 2021

Landlord who received direct payments of housing benefit is a ‘necessary party’ to claimant’s appeal against decision to recover subsequent overpayment from the claimant only

DBH v West Lindsey District Council (HB)
[2021] UKUT 256 (AAC)
CH/1041/2020

19 October, 2021

Meaning of ‘out of’ and ‘in the course of’ employment for the purposes of assessing whether an accident is an industrial accident

NE v Secretary of State for Work and Pensions (II)
[2021] UKUT 240 (AAC)
CI/68/2021

14 October, 2021

Application of personal independence payment activities and descriptors to a claimant who is a ‘functioning alcoholic’

DE v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 226 (AAC)
CPIP/2229/2019

14 October, 2021 Open access

Tribunal drew unfair inference that claimant had opted for paper hearing to avoid questioning when, in fact, obvious inference was that he was shielding during first Covid-19 lockdown

JS v Wirral Metropolitan Borough Council (HB)
[2021] UKUT 219 (AAC)
CH/550/2021

12 October, 2021

For the purposes of a funeral expenses payment, a funeral is an event involving final disposal of the deceased’s body and ceremonies closely related to that in nature, time, and place

JEC v Secretary of State for Work and Pensions (SF)
[2021] UKUT 243 (AAC)
CSIS/256/2020

12 October, 2021

Lump sum advance payments of earnings cannot be disaggregated and notionally attributed to other weeks beyond the period in which they were actually paid in order to meet the first contribution condition for new-style JSA

NH v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 227 (AAC)
CJSA/458/2021

4 October, 2021

Tribunals hearing PIP appeals must be cautious not to infer from a claimant’s ability to engage with others in a very specific context that they would be able to carry out that task in other contexts

AC v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 216 (AAC)
CPIP/1627/2020

13 September, 2021

Fostering allowances paid to carers approved by independent agencies, in common with allowances paid to carers approved by local authorities, are not to be counted as part of their earnings

Hillingdon London Borough Council v EB (HB)
[2021] UKUT 208 (AAC)
CH/1739/2019

10 September, 2021

Onset of prescribed disease A15 - Dupuytren’s contracture - occurs at contracture stage rather than when claimant first experiences symptoms of disease

DR v Secretary of State for Work and Pensions (II)
[2021] UKUT 191 (AAC)
CI/235/2021

7 September, 2021

Claimant found not to have created rent liability to take advantage of housing benefit scheme where entitlement was the same as it was before the liability was created

MP v Sutton London Borough Council (HB)
[2021] UKUT 193 (AAC)
CH/1720/2020

6 September, 2021

Where a tax credit claim has not been made on the correct form, there is a right of appeal against whether the claimant provided relevant information, but not against whether it may be treated as a claim

Her Majesty's Revenue and Customs v ED (TC)
[2021] UKUT 195 (AAC)
CTC/903/2020

31 August, 2021

Tribunal erred in law in not treating evidence supplied by claimant after appeal hearing as application to set aside

KH (deceased) by AMH v Secretary of State for Work and Pensions (II)
[2021] UKUT 189 (AAC)
CI/365/2020

24 August, 2021

Tribunals should consider postponing decisions on ‘cohabiting partner’ bereavement benefit appeals until remedial order or other legislation removes human rights incompatibility in the law as it stands

JG v Secretary of State for Work and Pensions (BB)
[2021] UKUT 194 (AAC)
CG/1616/2019 Interim

23 August, 2021

Adequacy of explanation required from tribunal for not seeking potentially relevant evidence from previous DLA award when making less advantageous PIP award

MM-C v Secretary of State for Work and Pensions (CPIP)
[2021] UKUT 183 (AAC)
CPIP/1748/2020

18 August, 2021

DWP, and then tribunal, mistakenly applied jobseeker’s allowance regulations in deciding that claimant’s entitlement to credits should cease after he failed to attend interview

SM v Secretary of State for Work and Pensions (JSA)
[2021] UKUT 179 (AAC)
CJSA/1294/2020

29 July, 2021

Tribunal found to have breached procedural rules in relation to panel composition, appearance of bias, and limiting claimant’s rights to withdraw appeal

PD v Secretary of State for Work and Pensions (PIP)
[2021] UKUT 172 (AAC)
CPIP/548/2020

28 July, 2021

82-year-old claimant who was ‘drowned in paperwork’ could not reasonably have been expected to realise that local authority error in treatment of Teachers’ Pension meant he was being overpaid

DP v East Dorset District Council (HB)
[2020] UKUT 270 (AAC)
CH/2492/2019

Our webtools:

rightsnet community

News & case law updates

About rightsnet

Privacy and legal

Website by MID