Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Reduces Housing Benefit Due to Excess Bedrooms
Upper Tribunal Upholds Child Support Decision Based on Shared Care Regulations
Upper Tribunal Upholds Termination of Jobseeker's Agreement
The Upper Tribunal confirmed the termination of a Jobseeker's Agreement because the claimant did not enter a varied agreement within the specified time frame, despite the claimant's objections.
Upper Tribunal Reverses ESA Decision Due to Legal Error
Upper Tribunal Allows Appeal Against PIP Decision Due to Legal Error
Upper Tribunal Rules Stepchild Not Eligible for Child Benefit
The Upper Tribunal ruled that a stepchild is not eligible for child benefit under European Union regulations. A Polish man living in the UK tried to claim child benefit for his stepchild who lived in Poland. The court decided that the term 'child' does not include stepchildren unless specified otherwise.
Upper Tribunal Allows Appeal Against First-tier Tribunal Decision
Upper Tribunal strikes down regulation 36(2)(b) in child support income calculation
The Upper Tribunal recently ruled that a specific regulation used to calculate a parent's gross income for child support purposes is redundant and should not be applied. This decision affects how child support payments are calculated.
Upper Tribunal Allows Appeal Against Special Educational Needs Tribunal Decision
The Upper Tribunal ruled that the Special Educational Needs Tribunal for Wales could not refuse to register an appeal application just because it didn’t follow all the procedural rules perfectly. The Upper Tribunal decided that the appeal should be allowed and sent back to the original tribunal for proper handling.
Upper Tribunal Upholds Abolition of Category B Pension
Upper Tribunal Rejects Appeal on Employment and Support Allowance Eligibility
Father's Appeal Successful: Child Support Recalculated Based on Updated Income
Upper Tribunal Allows PIP Appeal, Increases Daily Living Component
Upper Tribunal Corrects Error in ESA Backdating Decision
The Upper Tribunal allowed an appeal, correcting an error in the lower court's decision. The claimant was entitled to have their ESA backdated to the start date of their PIP entitlement.
Upper Tribunal Allows Appeal Due to Errors in Cognitive Functioning Assessment
The Upper Tribunal allowed an appeal and sent the case back to the First-tier Tribunal because the initial assessment of the claimant's cognitive functioning was flawed. The tribunal did not properly evaluate the claimant's cognitive abilities, leading to an incorrect decision.
Upper Tribunal Sets Aside PIP Decision Due to Legal Errors
Upper Tribunal Dismisses Appeal on EHC Plan Adequacy
Upper Tribunal Sets Aside Decision Due to Error in Law
The Upper Tribunal overturned a previous decision because it found an error in law. The case centered around whether a claimant's risk to her mental health should be considered when determining her eligibility for Employment and Support Allowance (ESA).
Upper Tribunal Overturns WCA Decision Due to Legal Error
The Upper Tribunal overturned a decision by the First-tier Tribunal because it found an error in how the claimant's back condition was assessed during a Work Capability Assessment. The First-tier Tribunal did not adequately consider the impact of the claimant's back condition when evaluating his ability to perform certain tasks.