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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.

AllowedUpper Tribunal (Administrative Appeals Chamber)·12 Mar 2018

Upper Tribunal Allows Appeal on Income Support Eligibility

AllowedUpper Tribunal (Administrative Appeals Chamber)·27 Feb 2018

Upper Tribunal Sets Aside Child Support Decision Due to Error of Law

AllowedUpper Tribunal (Administrative Appeals Chamber)·09 May 2018

Upper Tribunal Allows Late Appeal Against EHC Plan Decision

DismissedUpper Tribunal (Administrative Appeals Chamber)·01 Mar 2018

Appeal Dismissed: Use of PIVATS for Assessing Special Educational Needs Not Discriminatory

AllowedUpper Tribunal (Administrative Appeals Chamber)·27 Feb 2018

Tribunal grants enhanced PIP rate for claimant with back injury in Bristol

The Upper Tribunal allowed a claimant's appeal against a decision regarding her Personal Independence Payment (PIP) benefits. The claimant argued that the initial assessment was incorrect, resulting in an unfair reduction of her benefits. The court agreed and ordered a reassessment by a different panel.

AllowedUpper Tribunal (Administrative Appeals Chamber)·27 Feb 2018

Upper Tribunal Allows Appeal Challenging PIP Denial

The Upper Tribunal allowed an appeal challenging a decision denying a claimant Personal Independence Payment (PIP). The claimant suffers from social anxiety and selective mutism, making it difficult for him to engage with adults. The tribunal ruled that his inability to interact with adults satisfies the PIP descriptors.

AllowedUpper Tribunal (Administrative Appeals Chamber)·12 Feb 2020

Upper Tribunal Upholds Claimant's Right to Appeal Independently

DismissedUpper Tribunal (Administrative Appeals Chamber)·22 Feb 2018

Upper Tribunal Upholds Special Educational Needs Ruling

The Upper Tribunal confirmed that a local authority's decision to provide special educational needs through a Person Centred Plan instead of an EHC plan was correct, based on the specific circumstances of the case.

DismissedUpper Tribunal (Administrative Appeals Chamber)·20 Feb 2018

Upper Tribunal Upholds Placement Decision for Children with Special Needs

Parents appealed the placement of their children with special educational needs at a special school instead of a mainstream one. The Upper Tribunal dismissed the appeals, affirming the First-tier Tribunal's decision based on the efficient education of other children and the efficient use of resources.

AllowedUpper Tribunal (Administrative Appeals Chamber)·23 Sept 2019

Upper Tribunal Allows Appeal on Universal Credit Child Element

AllowedUpper Tribunal (Administrative Appeals Chamber)·22 Feb 2018

Upper Tribunal Sets Aside First-tier Tribunal Decision on Old Child Support Scheme

AllowedUpper Tribunal (Administrative Appeals Chamber)·23 Feb 2018

Upper Tribunal Allows Appeal on Child Benefit Eligibility

AllowedUpper Tribunal (Administrative Appeals Chamber)·22 Feb 2018

Upper Tribunal Sets Aside Legal Error in Pension Credit Case

The Upper Tribunal overturned a lower court's decision because of a legal mistake. They then made a new decision about state pension credit and Attendance Allowance, highlighting the need for accurate paperwork and compliance with regulations.

DismissedUpper Tribunal (Administrative Appeals Chamber)·31 Jul 2019

Appeal Dismissed: Incorrect Advice Not Considered Officer of DWP

DismissedUpper Tribunal (Administrative Appeals Chamber)·13 Feb 2018

Upper Tribunal Rejects Local Authority's Appeal on Costs

The Upper Tribunal dismissed a local authority's appeal for costs against a representative in a special educational needs case. The representative's amendments to the EHC plan were considered unsubstantive and without merit.

AllowedUpper Tribunal (Administrative Appeals Chamber)·08 Feb 2018

Tribunal allows appeal on ESA decision due to procedural error in Newcastle

AllowedUpper Tribunal (Administrative Appeals Chamber)·08 Feb 2018

Upper Tribunal Grants Support Component of ESA to Claimant

The Upper Tribunal granted the support component of Employment and Support Allowance (ESA) to the claimant, who suffers from a condition that severely restricts their ability to walk. The Tribunal found that the claimant was entitled to the support component because he cannot walk more than 50 meters without stopping.

AllowedUpper Tribunal (Administrative Appeals Chamber)·07 Feb 2018

Claimant Entitled to Housing Costs After Qualifying Period Ends

AllowedUpper Tribunal (Administrative Appeals Chamber)·07 Feb 2018

Upper Tribunal Allows Appeal Due to Procedural Error

AllowedUpper Tribunal (Administrative Appeals Chamber)·02 Feb 2018

Claimant's Capital Assessment Upheld: Entitled to Benefits

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