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 EHC Plan Provisions
The Upper Tribunal allowed an appeal challenging the rejection of several proposed provisions in an EHC plan for a young person with special educational needs. The tribunal criticised the First-tier Tribunal's lack of adequate explanation for rejecting the provisions.
Upper Tribunal Allows Appeal Due to Procedural Unfairness
The Upper Tribunal allowed the claimant's appeal because the First-tier Tribunal held the hearing without the claimant present, even though the claimant had requested to attend via video conference.
Upper Tribunal Quashes Loss of Earnings Award Decision Due to Insufficient Findings
Upper Tribunal Allows Appeal on PIP Fixed-term Award
Upper Tribunal Allows Secretary of State's Appeal on Universal Credit Childcare Costs
The Upper Tribunal allowed the Secretary of State's appeal regarding the eligibility of childcare costs under Universal Credit. The claimant reported two payments for childcare within the same assessment period, leading to an error of law by the First-tier Tribunal. The Upper Tribunal confirmed the original decision of the Secretary of State.
Conditional Discharge Permits Voluntary Hospital Stay
Upper Tribunal Grants Jurisdiction for Reasonable Adjustments Claim
Upper Tribunal Allows HMRC Appeal Due to Error of Law
The Upper Tribunal allowed HMRC's appeal because the First-tier Tribunal made a mistake by not considering all conditions for Guardian’s Allowance eligibility.
Upper Tribunal Allows PIP Appeals Challenging Mobility Descriptors
Upper Tribunal Rejects Backdating Appeal for Disability
Upper Tribunal Allows Appeal on Benefit Carer Element Due to Legal Error
Upper Tribunal Allows Appeal Against EHC Plan Decision
Upper Tribunal Allows Appeal Due to Procedural Unfairness in Mental Health Act Hearing
Joint Election for Child Benefit Must Be In Writing and Notified to HMRC
The Upper Tribunal ruled that a joint election for child benefit must be in writing and notified to HMRC to be valid. This decision overturned a previous ruling by the First-tier Tribunal. The case involved separated parents where the mother had previously received child benefit for their child. The Upper Tribunal held that the mother's claim was invalid due to lack of proper notification.
Upper Tribunal Allows Appeal, Removes Worker from Barred List
Upper Tribunal Allows Appeal Against Timing Issues
The Upper Tribunal allowed an appeal against a First-tier Tribunal's decision to strike out an appeal due to timing issues, citing procedural unfairness. This means the original appeal will be reconsidered by a fresh tribunal.
Upper Tribunal Upholds Classification of Therapies as Health Care Provision
Upper Tribunal Allows Appeal on Personal Independence Payment
The Upper Tribunal allowed an appeal against a First-tier Tribunal decision on Personal Independence Payment (PIP). The Tribunal found that the First-tier Tribunal made an error of law by not properly exercising its discretion and acted unfairly by not giving the claimant a chance to address certain descriptors.
Upper Tribunal Allows Appeal on PIP Engaging with Others Error
Upper Tribunal Rejects Appeal Challenging Housing Benefit Second Bedroom Rule
The Upper Tribunal rejected a challenge to the Housing Benefit rules that require certain disability benefits for eligibility to a second bedroom. The claimant argued that the rules discriminated against him, but the Tribunal disagreed.