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Welfare rights
(Upper Tribunal)

16 March, 2020

Assistance may qualify for activity 3 if required due to nature of therapy tasks rather than physical or mental impairment in performing tasks / consideration of activity 2 and prompting to eat sufficient quantity of food

TK v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 22 (AAC)
CPIP/455/2017

14 February, 2020

Whether decision to apply minimum income floor was appealable / application of minimum income floor to seasonal worker

KD v Secretary of State for Work and Pensions (CUC)
[2020] UKUT 18 (AAC)
CUC/2641/2018

13 February, 2020

Whether a tribunal should proceed in claimant’s absence when ESA50 is missing from papers / whether a request for an all-female tribunal panel was reasonable

CB v Secretary of State for Work and Pensions (ESA)
[2020] UKUT 15 (AAC)
CE/238/2019

13 February, 2020

Lack of corroboration of evidence does not relieve tribunal of duty to assess that evidence and to explain any findings it may make in relation to it

NK v The Secretary of State for Work and Pensions (DLA)
[2020] UKUT 14 (AAC)
CDLA/1733/2019

12 February, 2020

Importance of representatives indicating that special arrangements needed to help vulnerable adult participate in tribunal proceedings / need for representatives to make it clear if they wish to give evidence themselves

JE v Secretary of State for Work and Pensions (PIP)
[2020] UKUT 17 (AAC)
CPIP/1328/2019

11 February, 2020

Circumstances where a tribunal may have a duty to telephone claimant to establish reasons for non-attendance before proceeding to hear a case in their absence

KD v Secretary for Work and Pensions (ESA and IS) KD v Her Majesty's Revenue and Customs (TC)
[2020] UKUT 9 (AAC)
CTC/9/2019, CE/10,11,12 & 13/2019, CIS/14 & 15 2019

7 February, 2020

Tribunal asked the wrong question when seeking to link cause of child’s night time care needs to a disability rather than focusing on reasonable requirement for attention

ES (by his appointee CS) v Secretary of State for Work and Pensions (DLA)
[2020] UKUT 10 (AAC)
CDLA/1837/2019

28 January, 2020

Claimant’s view that it would be pointless to apply for a vacancy does not amount to a good reason for failing to apply for a vacancy as directed by the Secretary of State

KB v Secretary of State for Work & Pensions (UC)
[2019] UKUT 408 (AAC)
CUC/2274/2018

27 January, 2020

Apparent bias of First-tier Tribunal and Upper Tribunal judges / recusal of Upper Tribunal Judge / whether claimant received a public hearing

TM v Secretary of State for Work and Pensions (PIP)
[2018] UKUT 447 (AAC)
CSPIP/384/2017

22 January, 2020

Atos letter inviting claimant to HCP consultation did not impose legal requirement to attend

IR v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 374 (AAC)
CPIP/2941/2018

21 January, 2020

Factors to be considered in deciding whether a room can be classified as a bedroom

Secretary of State for Work and Pensions v WT and Redcar and Cleveland Borough Council
[2019] UKUT 372 (AAC)
CH/784/2017

20 January, 2020

Tribunal adopted right approach to assessing credibility of claimant’s evidence and provided adequate reasons for adverse decision

NN v Her Majesty's Revenue and Customs (TC)
[2019] UKUT 386 (AAC)
CTC/1937/2018.

20 December, 2019

Whether a claimant's inability to read English is relevant when assessing the ability to understand communication / whether a claimant must have difficulties with understanding both written and spoken communications

RK v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 345 (AAC)
CE/2918/2018

18 December, 2019

Two people can have an amicable relationship and still be ‘estranged’ for purposes of capital disregard

Bristol City Council v SJP (HB)
[2019] UKUT 360 (AAC)
CH/624/2019

17 December, 2019

Whether EU law provides for a ‘secondary’ right to reside as primary carer of under school age child where primary carer is not a family member of other parent

AM v Secretary of State for Work and Pensions and another (JSA, IS and HB)
[2019] UKUT 361 (AAC)
Reported as [2020] AACR 17
CJSA/1637/2017, CIS/1888/2017 and CH/1889/2017

4 December, 2019

Correct approach to assessing right to reside on basis of permanent incapacity

BL v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 364 (AAC)
CSE/43/2019

3 December, 2019

Standards required in statements of reasons / procedural fairness in considering adjournment request

DS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 347 (AAC)
CSE/303/2019

29 November, 2019

Tribunal’s inconsistent reporting of how it relied on claimant’s evidence amounts to error of law / observations on use of standard phrase ‘in particular’ in decision notices

AA v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 324 (AAC)
CPIP/2901/2018

29 November, 2019

Correct approach to assessing whether two people are ‘living together as a married couple’ / reasoning required from tribunal in ‘living together’ cases

KJ v Secretary of State for Work and Pensions (IS)
[2019] UKUT 312 (AAC)
CIS/1028/2019

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