Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Corrects Assessment of Right to Reside for [NAME] Entitlement
Upper Tribunal Allows PIP Appeal Due to Legal Error
Upper Tribunal Allows Appeal on Special School Progress Assessment
Upper Tribunal Allows Appeal Due to PIP Error
The Upper Tribunal allowed an appeal against a First-tier Tribunal's decision on a PIP claim due to an error on a point of law, sending the case back to a new tribunal for re-hearing.
Application Reinstatement Request Rejected in Mental Health Case
The Upper Tribunal ruled that a a person cannot reinstate a withdrawn application in a mental health case because there is no statutory right to do so under the Mental Health Act 1983.
Upper Tribunal Allows ESA Overpayment Appeal, Orders Recalculation
Upper Tribunal Grants First-tier Tribunal Power to Make Own Superseding Decision
Upper Tribunal Sets Aside First-tier Tribunal's Decision on Child Maintenance
The Upper Tribunal allowed an appeal against the First-tier Tribunal's decision due to a legal error in assessing the father's income for child maintenance. The case involved three separate appeals concerning different dates of assessment by the Child Support Agency.
ESA Overpayment Appeal Allowed Due to Error in Law
The Upper Tribunal allowed an appeal against the Secretary of State's decision on overpayment of Employment and Support Allowance (ESA). The appeal was successful because the First-tier Tribunal made an error in law when calculating the overpayment.
Upper Tribunal Upholds Child Support Tax Year Determination
Upper Tribunal Allows Appeal Over PIP Claim Due to Errors in Considering DLA Evidence
The Upper Tribunal allowed an appeal against a decision on Personal Independence Payment (PIP). The appeal was successful because the First-tier Tribunal had not been provided with the necessary medical evidence related to a previous Disability Living Allowance (DLA) award.
Upper Tribunal Grants Bereavement Benefits and Widowed Parent's Allowance
The Upper Tribunal granted bereavement benefits and widowed parent's allowance to a person in a religious marriage recognised in Pakistan but not in the UK. The decision overturned the previous ruling and recognised the legal validity of the marriage for benefit purposes.
Claimant's Appeal Allowed Due to Procedural Irregularities in First-tier Tribunal Proceedings
The Upper Tribunal allowed the claimant's appeal because the First-tier Tribunal failed to provide an interpreter during the hearing and did not record the use of an interpreter, violating procedural rules.
Upper Tribunal Allows Appeal Against Evidence Exclusion
Upper Tribunal Allows Appeal on Housing Benefit Entitlement
The Upper Tribunal allowed an appeal regarding entitlement to Housing Benefit. The Tribunal ruled that the period of absence from Great Britain exceeded 4 weeks, contrary to the Housing Benefit Regulations.
Upper Tribunal Allows Appeal on IIDB Error of Law
Upper Tribunal Allows Appeal on Good Cause for Missing Medical Exam
The Upper Tribunal allowed an appeal stating a claimant had good cause for missing a medical examination due to an epileptic seizure on the day of the appointment. The decision was made by Judge Thomas Church.
Tax Credits Appeal Allowed Due to Error of Law
The Upper Tribunal allowed an appeal against a First-tier Tribunal decision involving an error of law regarding tax credits eligibility. The case was remitted for rehearing.
Claimant Ordered to Pay Costs Due to Unreasonable Conduct in Special Educational Needs Appeal
The Upper Tribunal ordered the claimant to pay the respondent's costs due to unreasonable conduct in an appeal over special educational needs. The claimant withdrew the appeal after significant changes in circumstances and failed to present a realistic solution.