Benefits & Welfare
Benefits & Welfare judgments from UK courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Upper Tribunal Upholds Overpayment of Employment and Support Allowance
Upper Tribunal Allows Appeal in Part on EHCP Decision
Upper Tribunal Allows Appeal on Disability Discrimination
Judicial Review Grants Fresh Hearing Due to Applicant's Ignorance of Compensation Scheme
Upper Tribunal Overturns Overpayment Decision Due to Travel Restrictions
Upper Tribunal Overturns ESA Decision on Criminal Activities
Upper Tribunal Corrects Child Maintenance Decision Due to Official Error
The Upper Tribunal allowed an appeal, correcting a child maintenance decision that was initially made in ignorance of a key fact. The decision was revised to ensure accuracy.
Appeal Allowed: First-tier Tribunal Improperly Constituted
The Upper Tribunal allowed an appeal because the First-tier Tribunal was not properly set up to hear the case. The First-tier Tribunal lacked a required panel member, leading to a procedural error. The case was sent back to a correctly formed tribunal for reconsideration.
Veteran's Compensation Appeal Dismissed by Upper Tribunal
The Upper Tribunal dismissed a veteran's appeal regarding compensation for neck and back pain, stating that the appeal was academic and therefore did not address the legal issue.
Upper Tribunal Overturns Housing Benefit Overpayment Decision Due to Universal Credit Misunderstanding
The Upper Tribunal ruled that a claimant receiving nil payments of a person cannot be considered to be 'on' a person for housing benefit purposes, overturning a previous decision that allowed the claimant's appeal.
Upper Tribunal Reinstates Claimant's Eligibility for Personal Independence Payment
The Upper Tribunal decided that the claimant was eligible for Personal Independence Payment after finding that a specific EU regulation still applies despite Brexit.
Upper Tribunal Upholds Decision on Guaranteed Income Payment Eligibility
Upper Tribunal Allows PIP Appeal Due to Error of Law
Upper Tribunal Upholds Time Limits for Costs Applications in EHCP Case
Upper Tribunal Rejects Appeal Against Pension Review Refusal
Judicial Review Challenging Criminal Injuries Compensation Scheme Dismissed
The Upper Tribunal dismissed a judicial review challenging the interpretation of the Criminal Injuries Compensation Scheme 2001. The case involved the interpretation of costs related to trust administration and Court of Protection, which were ruled not recoverable under the scheme.
Upper Tribunal Sets Aside FTT Decision on Personal Independence Payment Claim
The Upper Tribunal overturned a lower court's decision on a Personal Independence Payment (PIP) claim because the lower court wrongly excluded important evidence that occurred after the initial decision. The case will now be heard again by the lower court.
Upper Tribunal Upholds Discrimination Ruling Against Secretary of State
The Upper Tribunal dismissed the appeal, confirming the First-tier Tribunal's ruling that the Secretary of State's actions violated the claimant's rights under Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The decision was made by Judge Thomas Church on 19 February 2024.
Upper Tribunal Dismisses Appeal on Universal Credit Eligibility
Tribunal allows appeal over disability assessment errors in Scotland
The Upper Tribunal allowed an appeal because the initial decision-makers did not address all the issues raised by the appellant. The case involved assessments for PTSD and bilateral knee pain.