Upper Tribunal - Welfare rights case law

28 November, 2019

Importance of identifying ‘impaired function’ to properly apply the definition of ‘aid or appliance’

DA v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 320 (AAC)
CPIP/623/2019

26 November, 2019

Fresh JSA claim not required from A8 jobseeker when pre-May 2009 claim determined after date Worker Registration Scheme held to be no longer lawful

Secretary of State for Work and Pensions v KK (JSA)
[2019] UKUT 313 (AAC)
CJSA/1933/2010

19 November, 2019

Period over which a tribunal has jurisdiction in a PIP appeal where subsequent fresh claim has been decided / whether telephone claim is valid if 'all the information required to determine the claim' is not provided during call

GG v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 318 (AAC)
CPIP/2948/2018

18 November, 2019

Relevance of previous failures when determining good cause for failure to attend a medical examination

JS v Secretary of State for Work and Pensions (ESA)
[2019] UKUT 303 (AAC)
CE/1167/2019

15 November, 2019

Link between provisions relating to ineligible service charges and definition of exempt accommodation / consideration of what constitutes 'general counselling or ... any other support services'

Allerdale BC v JD and others (by their respective appointees) (HB)
[2019] UKUT 304 (AAC)
CH/28/2019, CH/31/2019, CH/34/2019 and CH/36/2019

14 November, 2019

EU Coordination rules bypass domestic residence conditions for child tax credit but not other conditions of entitlement in the case of a child living in the EU

RI v Commissioners for Her Majesty’s Revenue and Customs (TC)
[2019] UKUT 306 (AAC)
CTC/225/2018

6 November, 2019

Claimant who has new condition, or worsening of existing condition, to be treated as having limited capability for work from date of repeat ESA claim until date of decision on claim / First-tier Tribunal not bound by DWP's decision on regulation 30

CE/633/2017

5 November, 2019

Contradiction between tribunal’s decision notice and statement of reasons and whether set aside complied with Procedure Rules

CPC/532/2019 & CPC/533/2019

28 October, 2019

Crutches as an aid for dressing or undressing if reasonably required by claimant who needs to stand to complete activity

CPIP/285/2019

9 October, 2019

Child benefit can be exported under Article 7 of Regulation 883/2004 / priority rules for overlapping family benefits do not apply when claimant is receiving benefit in only one State

CF/5039/2014

9 October, 2019

Guidance to tribunals on application of activity 9 - ‘Engaging with other people face to face’

CSPIP/208/2019

9 October, 2019

Remittance of case where it was the tribunal and not the decision maker who made the first decision

CPIP/1172/2018

9 October, 2019

Whether consuming food in liquid form to avoid swallowing difficulties fits with defintion of ‘taking nutrition’ / relevance of pain and discomfort and reliability criterion 'to an acceptable statndard'

CPIP/381/2019

8 October, 2019

Holistic assessment should be made of claimant’s ability to plan and follow a journey on foot, driving and using public transport

CPIP/1094/2019

7 October, 2019

Tribunal should have exercised power to extend time to apply for carer contributions credits afresh rather than merely review decision maker’s exercise of power

UK/1118/2019

4 October, 2019

Tribunal failed to investigate sufficiently whether claimant’s medical appointments precluded her from attending oral hearing

CUC/270/2019

4 October, 2019

Consideration of ability to follow the route of a journey should not be limited to short journeys for purposes of mobility descriptors 1(d) and 1(f)

CPIP/2567/2018

3 October, 2019

Actual profitability and a certain level of regular financial transactions are not essential to the definition of ‘self-employed’ for purposes of entitlement to working tax credit

CTC/2494/2018

2 October, 2019

Court of Appeal’s right of residence decision in Ojo must be followed, and Upper Tribunal cases decided without reference to Ojo were given per incuriam

CH/708/2019

Welfare rights (Upper Tribunal)

DA v Secretary of State for Work and Pensions (PIP) [2019] UKUT 320 (AAC) CPIP/623/2019

CE/633/2017

Welfare rights
(Upper Tribunal)

DA v Secretary of State for Work and Pensions (PIP)
[2019] UKUT 320 (AAC)
CPIP/623/2019