Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Allows Appeal on Employment Support Allowance
Upper Tribunal Overturns Decision Due to Errors in Evaluating Medical Evidence
Tribunal Allows Appeal on PIP Award for Claimant in Surrey
The Upper Tribunal allowed an appeal against a decision on Personal Independence Payment (PIP) and sent the case back for a new hearing. The tribunal emphasised the need to provide clear reasons for decisions, particularly when changing from a previous decision on a related benefit like Disability Living Allowance (DLA).
Upper Tribunal Upholds Decision to List Land as Asset of Community Value
Upper Tribunal Allows Appeal, Restores Working Tax Credit Component
The Upper Tribunal allowed an appeal, setting aside the First-tier Tribunal's decision and restoring the claimant's entitlement to the Working Tax Credit component due to a legal error in the First-tier Tribunal's decision.
ESA Appeal Allowed: Upper Tribunal Sets Aside Error of Law
The Upper Tribunal allowed an appeal against a previous decision denying Employment and Support Allowance (ESA) to a claimant. The Tribunal found an error of law in the initial decision and granted ESA to the claimant.
Upper Tribunal Upholds Decision on PIP Appeal for Narcoleptic Claimant
The Upper Tribunal dismissed an appeal challenging the denial of Personal Independence Payment (PIP) due to the claimant's narcolepsy and cataplexy. The court upheld the First-tier Tribunal's decision that the claimant was not entitled to additional PIP points under daily living descriptor 1b.
Upper Tribunal Allows Overpayment Appeal, Dismisses Entitlement Appeal
Upper Tribunal Dismisses Child Benefit Appeal
The Upper Tribunal dismissed a claimant’s appeal regarding entitlement to UK child benefit for tax years 1982/83 and 1983/84. The claimant argued that she was entitled to the benefit despite residing abroad during those years, but the tribunal upheld the First-tier Tribunal's decision.
Upper Tribunal Orders Full Rehearing After Finding Legal Errors in PIP Decision
Upper Tribunal Allows Appeals on Income Support Overpayment Recovery
Upper Tribunal Allows Appeal on Personal Independent Payment
The Upper Tribunal allowed an appeal challenging a denial of Personal Independent Payment (PIP) to a claimant. The decision was overturned because the assessment of the claimant's condition was inconsistent, especially concerning the impact of his depression when his children were not around.
Appeal Set Aside Due to Error of Law: Case Remanded for New Hearing
Upper Tribunal Reviews Child Support Calculations
The Upper Tribunal reviewed decisions on child support calculations made by the First-tier Tribunal. They affirmed five decisions but set aside one due to a legal error.
Upper Tribunal Grants Permission for PIP Appeal
Upper Tribunal Overturns PIP Mobility Assessment Due to Error
The Upper Tribunal decided that the lower tribunal made a mistake by not considering the claimant's inability to walk during times when he was bedridden. This impacted the assessment of the mobility component of Personal Independence Payment.