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Benefits & Welfare

Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

AllowedUpper Tribunal (Administrative Appeals Chamber)·07 Aug 2023

Upper Tribunal Allows Appeal, Corrects PIP Entitlement Date

DismissedUpper Tribunal (Administrative Appeals Chamber)·07 Aug 2023

Upper Tribunal rejects appeal over housing benefit eligibility

DismissedUpper Tribunal (Administrative Appeals Chamber)·07 Aug 2023

Upper Tribunal Dismisses State Pension Appeal

DismissedUpper Tribunal (Administrative Appeals Chamber)·04 Aug 2023

Upper Tribunal Upholds Bar on Claims for Pre-1964 Criminal Injuries

DismissedUpper Tribunal (Administrative Appeals Chamber)·19 Jun 2023

Upper Tribunal Allows Secretary of State's Appeal on ESA Disqualification

DismissedUpper Tribunal (Administrative Appeals Chamber)·19 Apr 2024

Upper Tribunal Rejects Housing Benefit Overpayment Appeal

The Upper Tribunal rejected an appeal about recovering overpaid a person. The claimant's mother failed to inform the council in writing that the claimant was no longer living in a person.

AllowedUpper Tribunal (Administrative Appeals Chamber)·07 Jun 2023

Tribunal Overturns Decision Due to Confusion Between 'Learning Difficulties' and 'Learning Disability'

DismissedUpper Tribunal (Administrative Appeals Chamber)·26 May 2023

PIP Appeal Dismissed Due to Insufficient Residency

AllowedUpper Tribunal (Administrative Appeals Chamber)·31 Oct 2023

Upper Tribunal Allows Appeal on Reinstatement of Mental Health Application

DismissedUpper Tribunal (Administrative Appeals Chamber)·19 May 2023

Upper Tribunal Dismisses PIP Discrimination Appeal for Lack of Effective Remedy

The Upper Tribunal dismissed a claimant's appeal regarding discrimination in PIP benefits due to inability to obtain an effective remedy. The claimant argued that the statutory scheme discriminated against him as a terminally ill person under Article 14 of the ECHR. The tribunal ruled that no effective remedy could be afforded, even if the claimant could have succeeded on all discrimination arguments.

DismissedUpper Tribunal (Administrative Appeals Chamber)·26 Jul 2023

Upper Tribunal Upholds Decision on Tax Credit Termination Due to Residency Outside UK

The Upper Tribunal dismissed an appeal challenging the termination of tax credits due to residence outside the UK. Despite acknowledging an error of law in the lower court's ruling on Child Tax Credits, the Upper Tribunal confirmed the decision, stating that the error did not affect the claimant's ongoing entitlement to tax credits.

AllowedUpper Tribunal (Administrative Appeals Chamber)·24 Apr 2023

Upper Tribunal allows appeal against PIP decision citing error of law

DismissedUpper Tribunal (Administrative Appeals Chamber)·12 May 2023

Upper Tribunal Upholds Overpayment Recovery Decision

DismissedUpper Tribunal (Administrative Appeals Chamber)·04 Apr 2023

Upper Tribunal Affirms School's Pandemic Decision

DismissedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2023

Upper Tribunal Rejects Appeal on Backdating Benefits During Lockdown

The Upper Tribunal rejected an appeal to backdate benefits during the initial days of the UK lockdown, stating that the [NAME] system was not 'inoperative' despite high traffic and delays.

AllowedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2023

Tribunal Sets New Hearing for Personal Independence Payment Claimant

The Upper Tribunal allowed an appeal against a First-tier Tribunal decision regarding the eligibility for Personal Independence Payment (PIP). The Tribunal found that seeking advice from another judge before deciding a case constitutes an error of law.

AllowedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2023

Upper Tribunal Allows Appeal on PIP Benefits Due to Mental Health Errors

AllowedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2023

Upper Tribunal Sets Aside Mental Health Case Decision

DismissedUpper Tribunal (Administrative Appeals Chamber)·21 Mar 2023

Lockdown Payments Not Considered Childcare Costs for Housing Benefit

Allowed in PartUpper Tribunal (Administrative Appeals Chamber)·15 Mar 2023

Upper Tribunal Dismisses Overpayment Appeal but Allows Civil Penalty Appeal

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