Upper Tribunal (Administrative Appeals Chamber) case law
Judgments from the Upper Tribunal (Administrative Appeals Chamber) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Good Cause for Missing Medical Exam: Upper Tribunal Decision
Upper Tribunal Sets Aside Environmental Agency's Stop Notice
Upper Tribunal Rejects Forfeiture Rule Application
The Upper Tribunal decided that the forfeiture rule does not apply to the claimant, meaning she can continue receiving her higher Category B retirement pension without any reduction or recovery of past payments.
Upper Tribunal Rules Information Request Vexatious
The Upper Tribunal determined that a request for a person was vexatious because it placed an unreasonable burden on the public authority. This decision was made under the Freedom of a person Act 2000.
Claimant Loses Appeal for Failing to Request Statement of Reasons in Time
The Upper Tribunal dismissed a claimant's appeal because they did not request a statement of reasons for the decision in time. The case involved a dispute over state pension credit overpayment.
Tribunal allows PIP appeal for Sunderland resident due to error on a point of law
Child Benefit Can Be Exported Under EU Law
Upper Tribunal Upholds Revocation of PSV Licence
The Upper Tribunal dismissed an appeal where a PSV operator challenged the revocation of his licence. The Tribunal found that the operator did not meet the requirement of having a main occupation other than operating the PSV.
Upper Tribunal Allows Appeal on PIP Anxiety Assessment
Upper Tribunal Allows Appeal Against PIP Decision Due to Error of Law
The Upper Tribunal allowed an appeal against a Personal Independence Payment (PIP) decision because the First-tier Tribunal made an error in its decision-making process. The case was sent back to a new First-tier Tribunal for a fresh hearing.
Upper Tribunal Upholds Licence Curtailed Due to Violations
The Upper Tribunal dismissed an appeal challenging the curtailment of an operator's licence due to violations of licensing conditions, including unauthorised vehicles and inadequate monitoring systems. The operator was warned and required to attend a transport manager refresher course.
Upper Tribunal Allows Appeal on ESA Repeat Claim
Upper Tribunal Overturns PIP Decision Due to Error of Law
Upper Tribunal Allows Appeal Over DLA Care Component Error
The Upper Tribunal allowed an appeal, finding that the First-tier Tribunal made a mistake in its understanding of the law regarding Disability Living Allowance (DLA). Specifically, the First-tier Tribunal incorrectly interpreted the requirement for attention from another person for a significant portion of the day. The case was sent back to a different tribunal for a fresh look.
Upper Tribunal Allows Appeal on Housing Benefit Right to Reside
Upper Tribunal Upholds Decision on Refusal of Information Requests
The Upper Tribunal dismissed an appeal challenging the refusal of information requests under the Freedom of Information Act 2000, affirming the First-tier Tribunal's decision that the refusal did not involve an error on a point of law.
Upper Tribunal Upholds Licence Revocation Decision
Upper Tribunal Sets Aside PIP Decision, Orders Rehearing
The Upper Tribunal found that the First-tier Tribunal made mistakes in its decision about whether the claimant was eligible for Personal Independence Payment (PIP). They ordered a new hearing to reassess the claimant's eligibility.
Upper Tribunal Allows Appeal and Remands Case for Fresh Hearing
The Upper Tribunal allowed the appeal because the First-tier Tribunal made a mistake by not holding an oral hearing. The First-tier Tribunal failed to properly investigate whether the appellant could attend a hearing due to medical appointments.
Claimant Wins ESA Appeal Due to Fair Procedure Breach
The Upper Tribunal allowed the claimant's appeal against the First-tier Tribunal's decision on Employment and Support Allowance (ESA) entitlement. The claimant argued that the same judge had discussed the facts with one panel member who was not on the final panel, breaching fair procedure. The Upper Tribunal agreed, setting aside the First-tier Tribunal's decision and referring the matter to a completely different panel for a fresh hearing.