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(Upper Tribunal)

8 December, 2020

Consideration of what amounts to 'late notification of expiry of entitlement' for universal credit backdating purposes, where claimant advised he could no longer claim housing benefit after moving to new local authority area

CP v Secretary of State for Work and Pensions (UC)
[2020] UKUT 309 (AAC)
CUC/0148/2020

7 December, 2020

Requirement for housing benefit claimant to be added as second respondent to an appeal brought by a landlord against decision to recover overpayment solely from the landlord

NSP v Stoke-on-Trent City Council and AT (HB)
[2020] UKUT 311 (AAC)
CH/2383/2018

4 December, 2020

Upper Tribunal's consideration of whether claimant had unlawfully killed her husband and therefore whether the forfeiture rule applied to her state pension payable on the basis of his national insurance contributions

The Secretary of State for the Department of Work and Pensions v LK (RP)
[2019] UKUT 421 (AAC)
CFP/1016/2019

2 December, 2020

Tribunal rule 29 requirements to give notice of tribunal hearing also apply to changes in the time of hearing

MB v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 296 (AAC)
CPIP/2416/2019

1 December, 2020

Whether new evidence is admissible in Upper Tribunal appeal in circumstances where First-tier Tribunal misdirected itself about an uncontentious anatomical fact

SM v Secretary of State for Work and Pensions (II)
[2020] UKUT 287 (AAC)
CI/1395/2019

25 November, 2020

Amended DLA past presence test breached human rights of two severely disabled British Citizen children

TS (by TS) v Secretary of State for Work and Pensions (DLA); EK (by MK) v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 284 (AAC)
Reported as [2021] AACR 4
CDLA/2208/2018 & CDLA/2019/2018

23 November, 2020

Procedure for proving authorisation of surveillance evidence before First-tier Tribunal where matter was in issue on the appeal

TD v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 283 (AAC)
CSPIP/373/2019 & CSPIP/374/2019

11 November, 2020

Payments from discretionary trust established under claimant’s parents’ wills were ‘voluntary payments’ and fell to be disregarded

SM v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 265 (AAC)
CE/1849/2019

9 November, 2020

Whether acceptance of evidence that has been obtained in breach of administrative procedures renders decisions of the First-tier Tribunal or Upper Tribunal liable to be set aside for 'procedural irregularity'

BF v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 300 (AAC)
CPIP/1313/2019

30 October, 2020

Apparent bias of First-tier Tribunal that used knowledge of claimant gained from previous hearings / whether use of tribunal clerk to communicate with claimant prior to hearing was appropriate

BF v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 420 (AAC)
CE/1285/2018

29 October, 2020

Correct approach to assessing medical evidence if PIP assessment report has been carried out by publicly discredited assessor appointed by the Secretary of State

CM v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 259 (AAC)
CPIP/400/2017

29 October, 2020

Capital from a former home can be disregarded if it is ‘more probable than not’ that it will be used for a new home

EAM v Secretary of State for Work and Pensions (UC)
[2020] UKUT 247 (AAC)
CUC/1773/2018

28 October, 2020

Notification of requirement to attend interview may be given orally / methods of communication set out in regulation 23 of Jobseeker’s Allowance Regulations 1996 are illustrative and not exhaustive

DC v Secretary of State for Work and Pensions (JSA)
[2020] UKUT 257 (AAC)
CJSA/197/2020

30 September, 2020

Need for supervision where a person has to remove their hearing aids or cochlear implants while washing and consequently cannot hear a typical alarm

KT and SH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 252 (AAC)
CPIP/3062/2016 and CPIP/2660/2017

8 September, 2020

Whether single claimant could avoid prohibition on claiming tax credits in a universal credit full-service area by relying on previous year’s joint award

W v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 239 (AAC)
CTC/1221/2019

28 August, 2020

Whether landord’s failure to instigate possession proceedings on grounds of rent arrears meant that tenancy was non-commercial / whether a previously commercial tenancy can become non-commercial

Warwick District Council v Secretary of State for Work and Pensions and CH (HB)
[2020] UKUT 240 AAC
CH/1839/2017

25 August, 2020

ESA case law relating to requirement for DWP to provide tribunals with evidence of work-related activity available in area where claimant lives applies equally to universal credit

MD v Secretary of State for Work and Pensions (UC)
[2020] UKUT 215 (AAC)
CUC/2777/2019

12 August, 2020

Whether non-EEA claimant with permanent residence who is a former spouse of EEA national is required to meet qualifying conditions relating to family members who can retain right of residence

MS v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 235 (AAC)
CE/2356/2019

11 August, 2020

Effective dates for awards superseded as a result of DWP’s review exercises following MH v SSWP and RJ & Ors v SSWP

CM v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 221 (AAC)
CPIP/2631/ 2019

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