Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Upholds Child Support Calculation Based on Income Assessment
Upper Tribunal Allows Appeal on Mental Health Aftercare
Upper Tribunal Allows Appeal on Universal Credit and Student Loans
The Upper Tribunal allowed an appeal, overturning a lower court's decision and reinstating the Secretary of State's decisions regarding Universal Credit entitlement and overpayment involving a student's maintenance loan. The decision was based on the Universal Credit Regulations 2013.
Upper Tribunal Sets Aside Decision on ALSO Entitlement for Disabled Veteran
Upper Tribunal Allows Appeal Challenging Detention Under Mental Health Act
The Upper Tribunal allowed an appeal challenging a decision on a patient's detention under the Mental Health Act 1983. The appeal highlighted the need to consider less restrictive alternatives under the Mental Capacity Act 2005.
Upper Tribunal Dismisses Appeal Challenging EHCP Decision
Upper Tribunal Rejects Retrospective Pension Claim
The Upper Tribunal dismissed an appeal seeking to restore a [NAME]'s pension retrospectively for the period 1 October 1977 to 31 July 1995, citing the absence of an in-time claim under applicable law.
Upper Tribunal Dismisses Appeal Over Backdated Child Disability Element
Upper Tribunal Allows Appeal on Availability of Appropriate Medical Treatment
The Upper Tribunal allowed an appeal challenging the availability of appropriate medical treatment under the Mental Health Act 1983. The case involved a woman diagnosed with autism and PTSD, detained for treatment. The Tribunal ruled that the treatment available did not meet the statutory criteria for detention.
Upper Tribunal Allows Appeal Challenging Availability of Appropriate Medical Treatment
Upper Tribunal Allows Appeal on Housing Benefit Eligibility
Upper Tribunal Decision on Community Treatment Order Validity
The Upper Tribunal decided that the First-tier Tribunal did not have the authority to rule on the validity of a community treatment order under the Mental Health Act 1983. The decision was based on the specific jurisdictional limitations of the First-tier Tribunal.
Upper Tribunal Allows Appeal on Carer's Allowance Earnings Calculation
Upper Tribunal Dismisses Claimant's Appeal for Housing Benefit
The Upper Tribunal dismissed the claimant's appeal for housing benefit, stating that the regulation allowing for housing benefit during essential repairs no longer applied.
Student's Religious Beliefs Justify Exclusion of Student Loan from Housing Benefit Calculation
The Upper Tribunal ruled that a full-time student who refuses to take out a student loan due to religious beliefs is not required to include the loan as income for housing benefit eligibility. This decision respects the student's sincerely held religious convictions.
Upper Tribunal Allows Appeal on Child's Special Educational Needs in EHC Plan
Upper Tribunal Allows Appeal Against Barred List Inclusion
The Upper Tribunal allowed an appeal against the inclusion of an individual in a barred list, stating that the reasons for the decision were inadequate. The case was sent back to the relevant authority for a new decision.
Upper Tribunal Upholds Past Presence Test for Personal Independence Payment
The Upper Tribunal dismissed an appeal regarding eligibility for Personal Independence Payment (PIP). The claimant, a British citizen, had been living abroad and faced medical issues preventing her return to the UK earlier. Despite these circumstances, the Tribunal upheld the requirement for past presence in Great Britain for PIP eligibility.