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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.

DismissedUpper Tribunal (Administrative Appeals Chamber)·27 Apr 2020

Upper Tribunal Rejects Mesothelioma Compensation Appeal

AllowedUpper Tribunal (Administrative Appeals Chamber)·19 May 2020

Upper Tribunal Identifies Legislative Gap in Disability Living Allowance Transfers

AllowedUpper Tribunal (Administrative Appeals Chamber)·16 Sept 2020

Upper Tribunal Upholds First-tier Tribunal's Jurisdiction in Mental Health Case

AllowedUpper Tribunal (Administrative Appeals Chamber)·25 Jun 2020

Continuous Cruiser Licence Payments Ruled as Rent for Housing Benefit

The Upper Tribunal decided that payments for a continuous cruiser licence are considered rent for housing benefit purposes. This means that people living on houseboats can now receive housing benefit for these payments.

AllowedUpper Tribunal (Administrative Appeals Chamber)·09 Jun 2020

Upper Tribunal Allows Appeal Against PIP Decision Due to Legal Errors

The Upper Tribunal allowed an appeal against a Personal Independence Payment (PIP) decision due to errors in law made by the First-tier Tribunal. The case highlights the importance of proper legal procedures in welfare claims.

DismissedUpper Tribunal (Administrative Appeals Chamber)·15 Apr 2020

Upper Tribunal Confirms Date of Claim for Universal Credit

The Upper Tribunal ruled that the date of claim for Universal Credit is when the completed online form is submitted, not when initial data is saved. This decision affects how claim dates are calculated for Universal Credit.

AllowedUpper Tribunal (Administrative Appeals Chamber)·24 Jun 2020

Upper Tribunal Allows Appeals on Maternity Grant Discrimination

AllowedUpper Tribunal (Administrative Appeals Chamber)·24 Jun 2020

Upper Tribunal Allows Appeal: Claimant Entitled to Housing Benefit Due to POCA Order

The Upper Tribunal ruled that the claimant was entitled to housing benefit from April 2017 because a Proceeds of Crime Act order rendered their property of nil capital value. This decision overturned the First-tier Tribunal's previous ruling.

Struck OutUpper Tribunal (Administrative Appeals Chamber)·24 Jun 2020

Upper Tribunal refuses to decide on First-tier reference in RG v SSWP

AllowedUpper Tribunal (Administrative Appeals Chamber)·23 Apr 2020

Upper Tribunal Allows Appeal for State Pension Credit Due to Right to Reside

The Upper Tribunal allowed a claimant's appeal against the refusal of state pension credit due to lack of right to reside, citing EU law over domestic regulations.

AllowedUpper Tribunal (Administrative Appeals Chamber)·06 May 2020

Tribunal allows appeal on Personal Independence Payment in Durham

AllowedUpper Tribunal (Administrative Appeals Chamber)·06 May 2020

Upper Tribunal Allows Housing Benefit Appeal

OtherUpper Tribunal (Administrative Appeals Chamber)·03 Apr 2020

Upper Tribunal Clarifies Requirements for Medical Treatment Under CTO

The Upper Tribunal clarified that a tribunal cannot find medical treatment to be available and appropriate if it cannot be given to the patient under the authority of the Mental Health Act within the immediate near future and for an indeterminate period. This ruling was made in a case involving a Community Treatment Order (CTO).

AllowedUpper Tribunal (Administrative Appeals Chamber)·28 Oct 2020

Upper Tribunal Allows Claimant's Appeal on Personal Independence Payment

The Upper Tribunal allowed the claimant's appeal, overturning the First-tier Tribunal's decision on Personal Independence Payment (PIP) components. The claimant successfully argued that he should receive the daily living component at the standard rate and the mobility component at the enhanced rate based on his assessment scores.

DismissedUpper Tribunal (Administrative Appeals Chamber)·15 Apr 2020

Upper Tribunal Dismisses Claimant's Appeal for Child Benefit

AllowedUpper Tribunal (Administrative Appeals Chamber)·21 Dec 2020

Upper Tribunal Allows Appeal on Funeral Payment

AllowedUpper Tribunal (Administrative Appeals Chamber)·12 Mar 2020

Upper Tribunal Sets Aside ESA Decision Due to Material Error

AllowedUpper Tribunal (Administrative Appeals Chamber)·09 Apr 2020

Polish Benefit Recognised as Equivalent to UK Attendance Allowance

AllowedUpper Tribunal (Administrative Appeals Chamber)·11 Mar 2020

Upper Tribunal Grants Claimant Housing Benefit Entitlement

DismissedUpper Tribunal (Administrative Appeals Chamber)·11 Mar 2020

Upper Tribunal Adjusts Universal Credit Claim Date

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