Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Claimant's Child Tax Credit Claim Rejected Due to Legal Errors
The Upper Tribunal ruled that a father was not entitled to child tax credit for his daughter who lived in Spain. The decision was based on legal errors in previous rulings and the fact that the father was not considered 'responsible' for his daughter under UK law.
Upper Tribunal Allows Appeals on Housing Benefit Eligibility
The Upper Tribunal allowed appeals, setting aside the First-tier Tribunal's decision due to an error of law. The Tribunal ruled that certain services included in the EHMC are eligible for housing benefit if they are essential for the residents' needs.
Good Cause for Missing Medical Exam: Upper Tribunal Decision
Upper Tribunal Rejects Forfeiture Rule Application
The Upper Tribunal decided that the forfeiture rule does not apply to the claimant, meaning she can continue receiving her higher Category B retirement pension without any reduction or recovery of past payments.
Claimant Loses Appeal for Failing to Request Statement of Reasons in Time
The Upper Tribunal dismissed a claimant's appeal because they did not request a statement of reasons for the decision in time. The case involved a dispute over state pension credit overpayment.
Tribunal allows PIP appeal for Sunderland resident due to error on a point of law
Child Benefit Can Be Exported Under EU Law
Upper Tribunal Allows Appeal on PIP Anxiety Assessment
Upper Tribunal Allows Appeal Against PIP Decision Due to Error of Law
The Upper Tribunal allowed an appeal against a Personal Independence Payment (PIP) decision because the First-tier Tribunal made an error in its decision-making process. The case was sent back to a new First-tier Tribunal for a fresh hearing.
Upper Tribunal Allows Appeal on ESA Repeat Claim
Upper Tribunal Overturns PIP Decision Due to Error of Law
Upper Tribunal Allows Appeal Over DLA Care Component Error
The Upper Tribunal allowed an appeal, finding that the First-tier Tribunal made a mistake in its understanding of the law regarding Disability Living Allowance (DLA). Specifically, the First-tier Tribunal incorrectly interpreted the requirement for attention from another person for a significant portion of the day. The case was sent back to a different tribunal for a fresh look.
Upper Tribunal Allows Appeal on Housing Benefit Right to Reside
Upper Tribunal Allows Appeal and Remands Case for Fresh Hearing
The Upper Tribunal allowed the appeal because the First-tier Tribunal made a mistake by not holding an oral hearing. The First-tier Tribunal failed to properly investigate whether the appellant could attend a hearing due to medical appointments.
Upper Tribunal Sets Aside PIP Decision, Orders Rehearing
The Upper Tribunal found that the First-tier Tribunal made mistakes in its decision about whether the claimant was eligible for Personal Independence Payment (PIP). They ordered a new hearing to reassess the claimant's eligibility.
Claimant Wins ESA Appeal Due to Fair Procedure Breach
The Upper Tribunal allowed the claimant's appeal against the First-tier Tribunal's decision on Employment and Support Allowance (ESA) entitlement. The claimant argued that the same judge had discussed the facts with one panel member who was not on the final panel, breaching fair procedure. The Upper Tribunal agreed, setting aside the First-tier Tribunal's decision and referring the matter to a completely different panel for a fresh hearing.