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Welfare rights
(Upper Tribunal)

20 May, 2020

Suspension of DLA after 28 days in hospital did not violate right to prohibition of discrimination under Article 14 ECHR, in case of an adult patient with severe learning disabilities

MOC (by MG) v SSWP (DLA)
[2020] UKUT 134 (AAC)
CDLA/1920/2018

15 May, 2020

Interaction of decision to terminate housing benefit for failure to comply with ‘information requirement’, with decision to supersede and remove entitlement from an earlier date

CH v London Borough of Lewisham (HB)
[2020] UKUT 71 (AAC)
CH/0775/2019

13 May, 2020

Requirement for returning British Citizen to be ‘qualifed person’ in order for family member to derive right to reside is unlawful

HK v Secretary of State for Work and Pensions (PC)
[2020] UKUT 73 (AAC)
CSPC/0330/2019

12 May, 2020

Whether tribunal should have requested DLA evidence in PIP transfer claim appeal where there was no indication that claimant had ever been invited to request it

CH (by TH) v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 70 (AAC)
CPIP/2836/2018

5 May, 2020

Letter inviting claimant to medical examination did not impose legal requirement to attend / tribunal could not lawfully decide that claimant had failed to attend examination without seeing appointment letter

PPE v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 59 (AAC)
CE/2126/2018

4 May, 2020

Whether universal credit date of claim can be fixed at point when claimant starts or saves progress entering online claim information rather than when completed claim is submitted

GDC v Secretary of State for Work and Pensions (UC)
[2020] UKUT 108 (AAC)
CUC/968/2019

30 April, 2020

Process for HMRC to make a decision on whether a person has a ‘genuine chance of being engaged in employment’ where jobcentre has not made such a decision

DD v Her Majesty’s Revenue and Customs and Secretary of State for Work and Pensions (CB)
[2020] UKUT 66 (AAC)
CF/66/2018

28 April, 2020

EU family benefit coordination rules bypass domestic residence conditions for child benefit but not other conditions of entitlement in the case of a child living in the EU

MZ v Commissioners for Her Majesty’s Revenue and Customs (CHB)
[2020] UKUT 65 (AAC)
CF/2685/2018

23 April, 2020

Pension credit severe disability addition can be payable to a claimant who is not entitled to attendance allowance but receives an ‘equivalent’ Polish benefit

HT v Secretary of State for Work and Pensions
[2020] UKUT 57 (AAC)
CSA/0387/2019

23 April, 2020

Whether income support including a disability premium is ‘paid on grounds of incapacity for work or disability’ / whether income support is extinguished or suspended where claimant is imprisoned

Secretary of State for Work and Pensions v AJ (UC)
[2020] UKUT 48 (AAC)
CUC/1617/2019

21 April, 2020

Whether family members of a person who is self-employed in one State are required to claim sickness benefits in that State, even if they are habitually resident in another State

AH v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 53 (AAC)
CDLA/882/2017
Reported as [2023] AACR 8

21 April, 2020

Reconvened tribunal hearing must be before exactly the same panel or a completely different one

SW v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 415 (AAC)
CE/1134/2019

20 April, 2020

Contact point for children’s school, GP, and dentist cannot be ‘ultimately determinative’ of the person who has main responsibility for tax credits purposes

AB v Her Majesty's Revenue and Customs (TC)
[2019] UKUT 410 (AAC)
CSTC/174/2019

8 April, 2020

EU national who worked for more than a year, and who was then involuntarily unemployed and registered at a jobcentre, retained worker status and did not need to show 'compelling evidence' of a 'genuine chance of being engaged' after six months

KH v Bury Metropolitan Borough Council and Secretary of State for Work and Pensions (HB)
[2020] UKUT 50 (AAC)
CH/2389/2016

8 April, 2020

Attempts by First-tier Tribunals to appeal-proof decisions by use of a 'protective essay' in their statements of reasons are an improper attempt to discourage claimants from exercising their right to seek permission to appeal

CH v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 19 (AAC)
CPIP/2722/2018

7 April, 2020

Whether funds derived from personal injuries compensation held in a joint account are held in a ‘trust’ for the purposes of paragraph 17 of Schedule 8 to the JSA Regulations 1996

Q v Secretary of State for Work and Pensions (JSA)
[2020] UKUT 49 (AAC)
CJSA/2628/2017 and CJSA/1192/2019

3 April, 2020

Whether a tribunal correctly approached the issue of ‘prior information’ of Work Programme requirements in a post-Reilly and Wilson appeal

Secretary of State for Work and Pensions v SD (JSA)
[2020] UKUT 39 (AAC)
CJSA/1393/2015

1 April, 2020

Whether a lease which restricted ownership to 75 per cent of the value of the property, and with no rent payable, could be a shared ownership lease

BN v (1) Liverpool City Council (2) Secretary of State for Work and Pensions (HB)
2020] UKUT 28 (AAC)
CH/257/2019

31 March, 2020

Tribunal wrongly decided to determine appeal without oral hearing when claimant had requested one / guidance on exercising power to abridge time limit to apply for set aside

LM v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 41 (AAC)
CE/1901/2019

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