Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal clarifies Universal Credit AET calculation method
Upper Tribunal Decides Housing Benefit Overpayment Not Recoverable Due to Official Error
The Upper Tribunal decided that a Housing Benefit overpayment was not recoverable because the Council made an official error by providing unclear information about reporting absences abroad. The Tribunal found that the claimant was not at fault and could not reasonably have known that his absence would affect his benefit.
Upper Tribunal Upholds Loss of ESA Entitlement Due to Temporary Absence
Upper Tribunal Overturns PIP Eligibility Decision
Upper Tribunal Sets Aside First-tier Tribunal Decision on Veteran's Compensation
Upper Tribunal Allows War Pension Appeal Due to Evidence Exclusion Error
The Upper Tribunal allowed an appeal where a former Royal Marine challenged the reduction of his war pension disablement assessment. The Tribunal made an error in excluding evidence created after the initial decision, leading to a remittal for rehearing.
Worker's Appeal Against Barring Confirmed Unlawful by Upper Tribunal
Upper Tribunal Overturns War Pension Appeal Due to Insufficient Findings
The Upper Tribunal overturned a lower court's decision because it lacked sufficient details and explanations. The case will now be heard by a new panel.
UK Maintains Competent Status for Dual Citizen's Carer's Allowance
The Upper Tribunal decided that the UK remained the a person for a dual a person's carer's allowance claim despite his a person. The ruling was based on Regulation (EC) No. 883/2004 and the a person Withdrawal Agreement.
Upper Tribunal Allows Appeal on Universal Credit Claim Validity
The Upper Tribunal allowed an appeal, finding the First-tier Tribunal made an error by not considering the claimant's initial telephone call to the Department for Work and Pensions as a valid claim for universal credit. The case was sent back for reconsideration.
Upper Tribunal Upholds Decision to Bar Individual Due to Past Incidents
Upper Tribunal Finds First-tier Tribunal Erred in Law
Upper Tribunal Allows Appeal on Capital Disregard for Rented Property
The Upper Tribunal allowed an appeal, finding the First-tier Tribunal made an error in its decision regarding the capital disregard for a rented property. The Secretary of State must reasonably extend the capital disregard period if the claimant has taken steps to regain possession of the property within six months.
Upper Tribunal Allows Appeal on Universal Credit Claim
The Upper Tribunal allowed an appeal regarding a Universal Credit claim and ordered a new hearing because there was insufficient evidence to support the claimant's condition.
Upper Tribunal Upholds Inclusion of Specialist Unit in EHC Plan
Upper Tribunal Allows Appeal Over Procedural Fairness Issues
The Upper Tribunal allowed an appeal and remanded a Personal Independence Payment case due to procedural irregularities, highlighting the need for fairness in proceedings.
Upper Tribunal Rejects Appeal on Special Educational Provision
Universal Credit Housing Costs Eligibility Ruling - Upper Tribunal
The Upper Tribunal reviewed a claimant's eligibility for housing costs under Universal Credit. The claimant argued that he was liable to pay rent for his accommodation, but the Tribunal disagreed, stating that the arrangement did not meet the criteria for a commercial liability to pay rent.
Claimant Entitled to Universal Credit During LCWRA Waiting Period
Upper Tribunal Allows Appeal on War Pensions Review
The Upper Tribunal allowed an appeal against a Pensions Appeal Tribunal decision, finding that the latter failed to consider the correct statutory framework for reviewing an interim assessment of disablement. The case involved war pensions and armed forces compensation.