Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Allows Appeal on Unlawful Benefit Calculations
Appeal Challenging Child's School Placement Dismissed by Upper Tribunal
The Upper Tribunal dismissed an appeal challenging the placement of a child with special educational needs in a school setting, upholding the First-tier Tribunal's decision under the Children and Families Act 2014.
Upper Tribunal Decides Child Element Not a Family Benefit Under EU Law
The Upper Tribunal overturned a previous decision, stating that the child element of universal credit is not considered a family benefit under EU regulations. This means that the child element will not be included in the calculation of universal credit for the claimant.
Upper Tribunal Denies Housing Benefit Claim Due to Severe Disability Gateway Timing
The Upper Tribunal dismissed the claimant's appeal regarding a housing benefit claim, stating that the claimant could not receive housing benefit retroactively beyond one month prior to the a person opening.
Upper Tribunal Allows Appeal on Tax Refunds as Earnings
Upper Tribunal Rejects Appeal on Child Support Regulations
Upper Tribunal Rejects Bereavement Benefits Claims Based on Marital Status
Clarification on Carer's Allowance Eligibility After Compulsory School Age
Upper Tribunal Allows HMRC's Appeal on Tax Credits Eligibility
Upper Tribunal Upholds Decision on Tax Credits Cessation
Upper Tribunal dismisses appeal challenging PIP claim questioning techniques
Appeal Dismissed Due to Time Limitations in Personal Independence Payment Case
Upper Tribunal confirms First-tier Tribunal's lack of jurisdiction to reconsider 2010 decision
The Upper Tribunal dismissed an appeal, confirming that the First-tier Tribunal had no authority to reconsider a 2010 decision regarding jobseeker's allowance. The Tribunal ruled that the decision was final and could not be reopened.
Upper Tribunal Allows Appeal on Universal Credit Backdating Error
Upper Tribunal Allows Appeal for Costs Order Against Local Authority
Upper Tribunal Allows Appeal on PIP Claim Error
The Upper Tribunal allowed an appeal after finding that the First-tier Tribunal made an error in interpreting a claimant's responses to the PIP questionnaire. The Tribunal incorrectly assumed that ticking the 'sometimes' box meant the claimant did not experience difficulties with the activity more than half the time, which was not supported by the claimant's narrative and other evidence.
Upper Tribunal Allows Appeal Due to Error of Law in PIP Decision
The Upper Tribunal allowed an appeal against a First-tier Tribunal decision regarding Personal Independence Payment (PIP). The appeal was successful due to an error of law in the reasoning of the original decision. The case was remitted to a new First-tier Tribunal for reconsideration.