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 Capacity to Make Applications
The Upper Tribunal allowed an appeal challenging the First-tier Tribunal's decision to strike out an application due to lack of capacity. The case involved a person with paranoid schizophrenia who lacked capacity to make the application but understood the nature of the Tribunal and their ability to be discharged.
Appeal Allowed Due to Unfair First-tier Tribunal Proceedings
Legal Error Leads to Rehearing of Personal Independence Payment Case
The Upper Tribunal found that the First-tier Tribunal made a mistake in law when deciding whether a person was still eligible for a personal independence payment. The case was sent back for a new hearing.
Upper Tribunal Dismisses Disability Living Allowance Appeal
Upper Tribunal Allows Appeal Against First-tier Decision
The Upper Tribunal allowed an appeal against a First-tier Tribunal decision involving a material error of law, setting aside the original decision and remanding the case to a differently constituted First-tier Tribunal for a fresh decision.
Appeal for Bereavement Benefit Dismissed Due to Lack of Formal Marriage Compliance
The Upper Tribunal dismissed the claimant's appeal for bereavement benefit because the religious marriage ceremony did not meet the formal requirements of the Marriage Act 1949.
Upper Tribunal Allows Appeal Against Decision Involving Legal Error
Upper Tribunal Allows Appeal on Enhanced Rate Mobility Component Due to Errors in Law
Upper Tribunal Allows Appeal Against First-tier Tribunal Decision on Benefits Error
The Upper Tribunal allowed an appeal because the First-tier Tribunal made an error on a point of law. The case was remitted for a complete rehearing.
Upper Tribunal Upholds Child Support Maintenance Calculation
Upper Tribunal Corrects Child Support Income Assessment Error
The Upper Tribunal allowed an appeal because the First-tier Tribunal made mistakes in assessing the a person's income and considering a variation based on alleged income diversion. This decision affects how child support payments are calculated.
Forfeiture Rule Does Not Apply to Person Found Unfit to Plead to Murder Charge
Upper Tribunal Rules: No Jurisdiction for Change in Status
The Upper Tribunal decided that the First-tier Tribunal did not have the authority to hear a case where the claimant's status changed from being detained under section 3 to being under a hospital order without a restriction order within the first six months of the hospital order. The ruling was based on specific sections of the Mental Health Act 1983.
Upper Tribunal Allows Appeal Due to Errors in ESA Regulations Handling
Three-Month Residency Requirement for Jobseeker's Allowance Upheld by Upper Tribunal
The Upper Tribunal ruled that the requirement for a person to live in the UK for three months before being eligible for jobseeker's allowance is valid under UK law. The ruling was based on the interpretation of relevant legislation and regulations.
Upper Tribunal Allows Appeal Due to Legal Error in Benefits Case
Upper Tribunal Upholds DLA Non-Payability After 28 Days Inpatient
Upper Tribunal Allows Appeal, Confirms Reduction in Housing Benefit
Upper Tribunal overturns child support decision due to material error
The Upper Tribunal overturned a First-tier Tribunal decision regarding a child support assessment due to a material error in identifying the change in circumstances. The decision was made by Upper Tribunal Judge Poynter on 14 April 2020.
Universal Credit Appeal Allowed Due to Legal Error in Lower Court Decision
The Upper Tribunal allowed an appeal against a lower court's decision regarding universal credit. The appeal was successful due to a legal error found in the initial ruling. The case is being sent back for a new hearing.