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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)·25 May 2022

Upper Tribunal Allows Appeal on Limited Capability Element

The Upper Tribunal allowed the appeal, determining that the claimant was entitled to receive the limited capability for work-related activity element from the start of her Employment and Support Allowance claim. The decision was overturned due to an error of law.

AllowedUpper Tribunal (Administrative Appeals Chamber)·03 May 2022

Upper Tribunal Allows Appeal for Personal Independence Payment

AllowedUpper Tribunal (Administrative Appeals Chamber)·09 May 2022

Upper Tribunal Allows Appeals Against Disability Living Allowance Overpayment Decisions

DismissedUpper Tribunal (Administrative Appeals Chamber)·06 May 2022

Upper Tribunal Upholds Special Educational Needs Decision

Parents appealed a decision on their child's special educational needs, arguing for specific educational methods. The Upper Tribunal dismissed the appeal, upholding the original decision.

DismissedUpper Tribunal (Administrative Appeals Chamber)·09 May 2022

Upper Tribunal Rejects PIP Mobility Appeal Post-65

DismissedUpper Tribunal (Administrative Appeals Chamber)·16 Aug 2023

Upper Tribunal Rejects Pension Backdating Appeal

The Upper Tribunal rejected a woman's appeal arguing indirect discrimination over the requirement to make two claims for her state pension. The court found no evidence of indirect discrimination and denied backdating the pension.

DismissedUpper Tribunal (Administrative Appeals Chamber)·11 Apr 2022

Upper Tribunal Rejects Challenge to Criminal Injuries Compensation Scheme

DismissedUpper Tribunal (Administrative Appeals Chamber)·10 Apr 2022

Former Employee Barred From Working With Children and Vulnerable Adults

DismissedUpper Tribunal (Administrative Appeals Chamber)·25 May 2022

Working Tax Credit Classified as Social Security Benefit

AllowedUpper Tribunal (Administrative Appeals Chamber)·03 May 2022

Upper Tribunal Sets Aside First-tier Tribunal Decision on Housing Benefit Overpayment

DismissedUpper Tribunal (Administrative Appeals Chamber)·22 Mar 2022

Upper Tribunal Dismisses Bereavement Support Payment Appeal Due to Legal Capacity Issues

The Upper Tribunal dismissed the claimant's appeal for bereavement support payment due to legal capacity issues and lack of precedent supporting her claim. The decision highlights the importance of legal formalities in obtaining such payments.

DismissedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2022

Appeal Dismissed: Claimant Not Eligible for Universal Credit Due to Full-Time Education

AllowedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2022

Upper Tribunal Allows Appeal Against Lack of Jurisdiction

AllowedUpper Tribunal (Administrative Appeals Chamber)·18 Mar 2022

Upper Tribunal Allows Claimant's Appeal for Income Support

AllowedUpper Tribunal (Administrative Appeals Chamber)·29 Mar 2022

Upper Tribunal Allows Appeal on Benefits Overpayment Error

DismissedUpper Tribunal (Administrative Appeals Chamber)·22 Mar 2022

Upper Tribunal Upholds Deduction of Irish Pension from Universal Credit

Allowed in PartUpper Tribunal (Administrative Appeals Chamber)·28 Mar 2022

Upper Tribunal Modifies Forfeiture Rule in Unlawful Killing Case

The Upper Tribunal decided to apply the forfeiture rule to an underpaid retirement pension but modified its application to affect only one-quarter of the amount due to the claimant's involvement in her husband's death.

AllowedUpper Tribunal (Administrative Appeals Chamber)·04 Mar 2022

Upper Tribunal Allows Appeal for PIP Mobility Component Due to ASD

The Upper Tribunal allowed an appeal challenging the denial of the mobility component of Personal Independence Payment (PIP) for a claimant diagnosed with autism spectrum disorder (ASD). The First-tier Tribunal's decision was overturned because it failed to adequately consider the claimant's difficulties in planning and following journeys due to overwhelming psychological distress.

AllowedUpper Tribunal (Administrative Appeals Chamber)·11 Feb 2022

Upper Tribunal Allows Appeal on PIP Benefits Due to Fair Hearing Requirements

DismissedUpper Tribunal (Administrative Appeals Chamber)·01 Feb 2022

Upper Tribunal Rules: No Withdrawal of [NAME] Claim Once Basic Conditions Met

The Upper Tribunal decided that a person cannot withdraw a claim for [NAME] once they have met the basic conditions for receiving it. The claimant tried to withdraw their claim after submitting it online, but the court ruled that this was not possible.

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