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 Housing Benefit Appeal Due to Legal Error
Upper Tribunal Allows Appeal Against PIP Denial Due to Errors
The Upper Tribunal allowed an appeal against the denial of Personal Independence Payment to the claimant. The Tribunal found that the First-tier Tribunal made errors in assessing the claimant's eligibility, particularly in how it interpreted the safety requirements and the importance placed on certain activities.
Upper Tribunal Rejects Appeal Over Fair Hearing for Deaf Claimant
Upper Tribunal Defines Onset Criteria for Dupuytren's Contracture
Upper Tribunal Overturns IIDB Denial Due to Legal Error
Upper Tribunal Upholds Decision Despite Error of Law
The Upper Tribunal reviewed a case involving the Special Educational Needs and Disability Regulations and found that the First-tier Tribunal's decision was in error of law. However, the Upper Tribunal decided not to overturn the decision, directing the Department for Education to consider the ruling during the evaluation of the Recommendations National Trial.
Upper Tribunal Allows Appeal Due to First-tier Tribunal Error in Benefits Case
Upper Tribunal Allows Claimant's Appeal for Housing Benefit
The Upper Tribunal allowed the claimant's appeal, ruling that she is entitled to housing benefit calculated on the basis of the Local Housing Allowance rate for her accommodation arrangement.
Upper Tribunal Allows Appeal on Mental Health Review Jurisdiction
The Upper Tribunal allowed an appeal against a Mental Health Review Tribunal's decision, finding an error on a point of law. The case involved a patient who made an application while being one type of patient and then changed to another type. The tribunal had jurisdiction to determine the application.
Upper Tribunal dismisses PIP appeal: Analysis of [2021] UKUT 183 (AAC)
The Upper Tribunal dismissed an appeal challenging the First-tier Tribunal's decision on Personal Independence Payment (PIP) eligibility. The claimant argued that the First-tier Tribunal failed to adequately explain inconsistencies between previous Disability Living Allowance (DLA) and current PIP awards. The Upper Tribunal found that the First-tier Tribunal provided sufficient reasoning.
Upper Tribunal Delays Decision on Bereavement Benefit
The Upper Tribunal has put off making a decision on a claimant's appeal for bereavement benefit until a remedial order is made under the Human Rights Act 1998. This is because a previous court declared a section of the Social Security Contributions and Benefits Act 1992 incompatible with the European Convention on Human Rights.
HMRC Wins Partial Victory in Child Tax Credit Case
Unemployment Benefit Cannot Be Stopped for Refusing to Provide ID - Upper Tribunal Decision
The Upper Tribunal decided that refusing to provide identification information cannot lead to the termination of unemployment benefit under the Jobseeker's Allowance Regulations. The case highlights the importance of clear communication between the Department of Work and Pensions and claimants regarding benefit entitlements.
Upper Tribunal Upholds Tax Credits Entitlement After Universal Credit Claim Withdrawn
Legal Error Leads to Remittal in Benefits Case
The Upper Tribunal overturned a lower court's decision because of a legal mistake and ordered the case to be reconsidered, highlighting the importance of following legal procedures correctly.