Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Tribunal overturns PIP denial for claimant with hand injury
The Upper Tribunal allowed an appeal against a decision denying Personal Independence Payment (PIP) due to errors in interpreting the definition of 'take nutrition'. The case was remitted for a complete rehearing.
Upper Tribunal Rejects Claimant's Occupational Asthma Claim
Legal Error Leads to Reversal of Benefits Decision in Upper Tribunal
Upper Tribunal Rejects Late Claim for National Insurance Credits
The Upper Tribunal rejected a worker's appeal regarding a late claim for national insurance credits. The court ruled that the claim was not made within a reasonable time frame after the period in question.
Upper Tribunal Upholds Backdating of Child Benefit for Asylum Seekers
The Upper Tribunal confirmed that an asylum seeker can claim backdated Child Benefit if they make the claim within three months of receiving notification of their refugee status. This decision supports the First-tier Tribunal's ruling in favour of the claimant.
Upper Tribunal allows appeal due to error in time limit ruling
Upper Tribunal Allows Appeal on PIP Eligibility Error, Remands Case
The Upper Tribunal allowed an appeal brought by a claimant who was denied eligibility for Personal Independence Payment (PIP) by the First-tier Tribunal. The case was remitted to a new panel for reconsideration due to an error of law in the original decision.
Upper Tribunal Rejects Claimant's Tax Credit Appeal
Upper Tribunal Allows Appeal on PIP Claim Timing
Upper Tribunal Upholds Moderate Functional Limitation Classification
Upper Tribunal Reverses Decision on Housing Benefit Disregard
The Upper Tribunal allowed an appeal challenging the removal of a housing benefit disregard due to an error in interpreting childcare costs during the pandemic. The case was sent back to a different tribunal for reconsideration.
Upper Tribunal rules claimant entitled to housing benefit
The Upper Tribunal ruled that the claimant was entitled to housing benefit because he had a sufficient right to reside and comprehensive sickness insurance. This decision was made in favour of the claimant who had lived in Wales since 1986.
Upper Tribunal Upholds Hearing Loss Compensation Assessment
Upper Tribunal: Universal Credit Payments Not Dependent on NI Number
Upper Tribunal Dismisses Claimant's Appeal for Disablement Pension
The Upper Tribunal dismissed the claimant's appeal for a disablement pension, stating that he no longer suffered from any loss of faculty due to the accident. This decision was based on medical records and expert opinions provided during the appeal process.
Upper Tribunal Allows Appeal Against SEN Review Decision
The Upper Tribunal allowed an appeal against a review decision of the Special Educational Needs Tribunal for Wales due to an error on a point of law. This decision establishes the right of appeal against such review decisions.
Upper Tribunal Upholds First-tier Tribunal's Jurisdiction Post-Conditional Discharge
In a recent Upper Tribunal decision, the court ruled that the First-tier Tribunal retains its authority to hear cases even after a patient is conditionally discharged. This decision ensures ongoing judicial review in mental health cases.
Personal Independence Payment Appeal Set Aside Due to Error in Law
The Upper Tribunal overturned a lower court's decision about a person's eligibility for a personal independence payment because the lower court made a mistake in applying the law. The case will now be heard again by a different panel of judges.