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Welfare rights
(Upper Tribunal)

14 March, 2023

Claim for housing benefit could not be backdated to start of universal credit severe disability gateway in case where claimant had retrospective award of ESA severe disability premium for period before gateway started

PR v SSWP and Allerdale BC (HB)
[2023] UKUT 34 (AAC)
UA-2021-001073-HB

21 February, 2023

Tax refund received through PAYE counts as earned income for universal credit / claimant is ‘in paid work’ where contract of employment continues through unpaid sick leave

(1) SK (2) DK v Secretary of State for Work and Pensions
[2023] UKUT 21 (AAC)
UA-2021-000228-UOTH
Reported as [2023] AACR 5

6 February, 2023

Person who is 16 years old but still of compulsory school age cannot claim carer’s allowance even if they are home educated and not receiving full-time education

Secretary of State for Work and Pensions v BC (CA)
[2023] UKUT 10 (AAC)
UA-2021-000272-CA

1 February, 2023

Excluding surviving partner of cohabiting couple without children from bereavement payment and bereavement allowance is not discriminatory

HM v Secretary of State for Work and Pensions (BB); MK v Secretary of State for Work and Pensions (BB)
[2023] UKUT 15 (AAC)
UA-2019-000638-BB & UA-2020-001686-BB

1 February, 2023

Tribunal hearing appeal against HMRC decision to end tax credits following universal credit claim is limited to determining whether SSWP is in fact satisfied that claimant meets basic conditions of entitlement to universal credit

His Majesty's Revenue and Customs v Secretary of State for Work and Pensions and GS (TC)
[2023] UKUT 9 (AAC)
UA-2021-001437-TC and UA-2021-001302-TC

30 January, 2023

Medical tribunal member using a ‘brisk and business-like’ approach was in keeping with Social Entitlement Chamber’s inquisitorial ethos

GJ v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 349 (AAC)
UA-2021-001936-PIP

18 January, 2023

Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met

His Majesty's Revenue & Customs v The Secretary of State for Work and Pensions and SA (TC)
[2022] UKUT 350 (AAC)
UA-2020-000563-TC
Reported as [2023] AACR 4

12 January, 2023

Tribunal correctly assessed that claimant could not establish ‘exceptional circumstances’ to enable PIP appeal, prompted by an unsuccessful LEAP review, outside 13-month absolute time limit

GJ v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 340 (AAC)
UA-2021-001099-CPIP

10 January, 2023

When considering a backdating request for universal credit, tribunal should consider whether original claim included an ‘implied claim’ for a past period

WB v Secretary of State for Work and Pensions (UC)
[2022] UKUT 332 (AAC)
UA-2022-000123-USTA

10 January, 2023

Whether tribunal considering further appeal against decision that was finally determined ten years earlier was correct to find that it had no jurisdiction to admit it

AA v Secretary of State for Work and Pensions (JSA)
[2022] UKUT 341 (AAC)
UA-2022-000624-JSA

19 December, 2022

Where Upper Tribunal has accepted appeal on one ground, it need not address other grounds

FW v Secretary of State for Work and Pensions (PIP)
2022 UKUT 304 (AAC)
UA-2021-000810-PIP

19 December, 2022

Tick box answers in PIP2 questionnaire cannot be used by First-tier Tribunal as a proxy to obviate the need to make findings about the frequency of a claimant’s difficulties

AW v Secretary of State for Work and Pensions (PIP)
2022 UKUT 316 (AAC)
UA-2021-000723-PIP

14 December, 2022

Tribunal’s failure to put to a child DLA claimant’s appointee the strategies it considered could reduce the child’s need for attention below the threshold for an award amounted to an error of law

KH (by CH) v Secretary of State for Work and Pensions (DLA)
2022 UKUT 303 (AAC)
UA-2021-000448-DLA

12 December, 2022

Before refusing universal credit on a right to reside ground to a claimant with pre-settled status, Secretary of State must be satisfied that refusal would not prevent them living in dignity

Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening)
[2022] UKUT 330 (AAC)
UA-2022-001067-USTA

22 November, 2022

First-tier Tribunal failed to give adequate reasons for decision not to exercise discretion to extend 13-month absolute time limit for appealing

KD v Secretary of State for Work and Pensions
[2021] UKUT 329 (AAC)
UA-2021-001557

22 November, 2022

First-tier Tribunal’s failure to recognise it had discretion to admit an appeal outside the 13-month absolute time limit in exceptional circumstances amounted to error of law

MZ v Secretary of State for Work and Pensions (UC)
[2022] UKUT 292 (AAC)
UA-2021-00695-UOTH

9 November, 2022

Claimants are not required to satisfy all of the elements of the definition of ‘take nutrition’ in order to score points under PIP daily living descriptor 2(b)

CW v Secretary of State for Work and Pensions (PIP)
[2022] UKUT 281 (AAC)
UA-2021-000241-PIP

9 November, 2022

First-tier Tribunal gave adequate reasons for finding that claimant experienced work-aggravated asthma rather than work-caused occupational asthma

NP v Secretary of State for Work and Pensions (II)
[2022] UKUT 279 (AAC)
UA-2019-002304-II

21 October, 2022

Provisions relating to national insurance credits for unemployment do not only apply to people who are jobseeker’s allowance claimants

KL v the Secretary of State for Work and Pensions
[2022] UKUT 270 (AAC)
UA-2021-000270-JSA

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