Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Sets Aside DLA Decision Due to Legal Error
Upper Tribunal Allows Appeal on Pension Scheme Enrolment Requirements
The Upper Tribunal allowed an appeal challenging a decision by the First-tier Tribunal regarding pension scheme enrolment requirements. The case centered around whether certain workers should be automatically enrolled into a pension scheme as required by law.
Upper Tribunal Allows Appeal on Overpayment Recovery of ESA
Upper Tribunal Allows Appeal on PIP Fear of Dogs Case
Winter Fuel Payment Appeal Rejected Due to Time Limit
The Upper Tribunal rejected an appeal arguing that the time limits for winter fuel payment claims were discriminatory. The court upheld the existing regulations.
Social Security Appeal Remanded to First-tier Tribunal Due to Legal Error
The Upper Tribunal found that the First-tier Tribunal made a mistake in its decision regarding national insurance contributions and ordered the case to be sent back to the First-tier Tribunal for further review. This decision was made by Judge Mr E Mitchell on 7 January 2021.
Upper Tribunal Allows Overpayment Appeal, Corrects Period
Upper Tribunal Upholds Revocation of Benefits Awarded Under False Identity
The Upper Tribunal upheld the Secretary of State's decision to revoke benefits awarded under a false identity, even though the false identity had been granted ILR and citizenship.
Upper Tribunal overturns First-tier Tribunal ruling on child benefit eligibility
Appeal Allowed: Higher Rate DLA Mobility Component
The Upper Tribunal allowed an appeal against a decision denying the higher rate Mobility Component of DLA. The original decision was overturned due to errors in reasoning.
Upper Tribunal Allows Appeal on PIP Mobility Assessment Due to Error of Law
Upper Tribunal Allows Appeal Over Errors in Considering Previous DLA Evidence
The Upper Tribunal allowed an appeal against a decision on Personal Independence Payment (PIP). The First-tier Tribunal was criticised for not adequately explaining why it did not consider previous Disability Living Allowance (DLA) evidence. The case was sent back for a new hearing.
Upper Tribunal Rejects Appeal Over EHCP School Selection
Upper Tribunal Refuses Appeal Due to Vexatious Actions Order
The Upper Tribunal refused permission to appeal because the appellant was subject to a vexatious actions order, meaning he could not start legal proceedings without special permission from a judge.
Upper Tribunal Allows Housing Benefit Claim to Be Backdated
The Upper Tribunal allowed a housing benefit claim to be backdated after finding that the First-tier Tribunal made a legal error. The claimant argued that he could not reasonably have been expected to make the claim earlier due to certain circumstances.
Upper Tribunal Sets Aside Decision Due to Claimant's Anxiety
The Upper Tribunal allowed an appeal against a lower court's decision, ruling that the initial hearing was unfair because the claimant was too anxious and worried about confidentiality issues during the pandemic.