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 in part, amends IDP to clarify responsibilities
The Upper Tribunal allowed the appeal in part, directing changes to the Individual Development Plan to clarify the responsibilities of the Health Board and the Council regarding Additional Learning Provision.
Upper Tribunal Upholds State Pension Start Date Based on Claimant's Mistake
The Upper Tribunal dismissed an appeal regarding the start date of a state pension. The claimant mistakenly indicated on the online form that he wanted to receive his state pension from his 67th birthday instead of his 66th birthday. The Tribunal confirmed the start date as per the claimant's mistake, ruling that the claimant could not retrospectively amend the start date once the initial claim had been decided.
Upper Tribunal grants Personal Independence Payment at standard rate for Trimethylaminuria claimant
Upper Tribunal Quashes Decision Due to Error of Law
Upper Tribunal Rejects Disability Discrimination Claim Against School
Upper Tribunal Allows Appeal on War Pension Benefits
The Upper Tribunal allowed an appeal, stating that the lower court did not provide sufficient reasons for denying the claimant's request for a higher benefit payment due to post-traumatic arthritis in their hip.
Upper Tribunal Allows Appeal Due to Material Errors of Law in ESA Claim
Upper Tribunal Dismisses Appeal Over PIP Letter
Upper Tribunal Allows Appeal on Universal Credit Activity 8
The Upper Tribunal allowed an appeal regarding the interpretation of activity 8 in Schedule 6 to the Universal Credit Regulations 2013. The decision emphasised that tasks involving navigation and maintaining safety must be completed safely.
Upper Tribunal Allows Appeals on Mental Capacity Representation
Landlord Loses Appeal on Housing Benefit Overpayment Recovery
Worker Loses Appeal to Stay Off Vulnerable Adults Barred List
The Upper Tribunal dismissed an appeal challenging the inclusion of a worker on the Vulnerable Adults Barred List. The court ruled that the decision was not disproportionate.
Tribunal Allows Appeal on Personal Independence Payment Due to Procedural Irregularities
Upper Tribunal Allows Appeal for DLA Mobility Component for ADHD Sufferers
The Upper Tribunal ruled that a a person can receive the higher rate mobility component of Disability Living Allowance if they meet the criteria for severe mental impairment.
Legal Error Leads to Overturn of Child Support Decision
Upper Tribunal Sets Aside PIP Decision Due to Errors of Law
Upper Tribunal Quashes IDP Portion Over Legal Errors
Upper Tribunal Sets Aside Decisions Due to Procedural Irregularities
Appeal Successful Due to Procedural Irregularity and Errors in Law
Upper Tribunal Upholds Denial of PTSD Compensation Under AFCS
The Upper Tribunal dismissed the appeal, confirming the Pensions Appeal Tribunal's decision on the claimant's PTSD compensation under the AFCS. The Tribunal found that the claimant's mental disorder did not meet the criteria for 'permanent' under the 2011 Order.