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England and Wales Case Law

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Social security

Martin Paterson v Secretary of State for Work and Pensions

The Upper Tribunal allowed a universal credit appeal, holding the First-tier Tribunal had not made key findings on whether an earlier telephone claim was valid. The case was remitted.

  • Universal credit
  • Claims and payments
  • Backdating
  • Tribunal procedure
  • Universal-credit
  • Claims-and-payments
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Social security

DA v Secretary of State for Work and Pensions (PIP)

The Upper Tribunal allowed DA’s appeal, held the First-tier Tribunal erred in law, and remitted the PIP case for rehearing, including mobility entitlement issues.

  • Personal independence payment
  • Tribunal jurisdiction
  • Mobility component entitlement
  • Personal-independence-payment
  • Tribunal-jurisdiction
  • Mobility-component
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Social security

AH v Secretary of State for Work and Pensions (PIP)

The Upper Tribunal allowed an appeal in a PIP case, finding the First-tier Tribunal erred in law when assessing daily living activity 9 and remitting the matter.

  • Personal independence payment
  • Error of law
  • Tribunal procedure
  • Personal-independence-payment
  • Error-of-law
  • Tribunal-appeals
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Social security

VK v Secretary of State for Work and Pensions

The Upper Tribunal allowed VK’s appeal, set aside the First-tier Tribunal decision for error of law, and remitted the PIP case for a fresh oral hearing.

  • Personal independence payment
  • Error of law
  • Tribunal procedure
  • Mental health assessment
  • Personal-independence-payment
  • Error-of-law
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Social security

Secretary of State for Work and Pensions v E

Upper Tribunal held that Tell Us Once had no duty to advise on Bereavement Support Payment and that time limits for claiming BSP were not displaced by human rights arguments.

  • Bereavement support payment
  • Time limits for benefit claims
  • Duty of care
  • Disability discrimination
  • Legitimate expectation
  • European convention on human rights
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Social security

KS v Secretary of State for Work and Pensions

The Upper Tribunal allowed this Universal Credit appeal, finding the First-tier Tribunal failed to address the appellant’s shoulder impairment and gave inadequate reasons.

  • Universal credit
  • Limited capability for work
  • Limited capability for work related activity
  • Tribunals, courts and enforcement act 2007
  • Welfare reform act 2012
  • Adequacy of reasons
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Social security

SM v The Secretary of State for Work and Pensions (PIP)

The Upper Tribunal allowed an appeal in a PIP case, finding the First-tier Tribunal gave inadequate reasons and failed to address later medical evidence about the appellant’s shoulder.

  • Personal independence payment
  • Error of law
  • Tribunal procedure
  • Personal-independence-payment
  • Error-of-law
  • Tribunal-reasons
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Social security

HMRC v JA

The Upper Tribunal allowed HMRC’s appeal, holding the First-tier Tribunal erred by not considering all entitlement conditions for Guardian’s Allowance.

  • Guardian’s allowance
  • Tribunal jurisdiction
  • Appeals procedure
  • Guardian-s-allowance
  • Tribunal-jurisdiction
  • Social-security-appeals
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Social security

Secretary of State for Work & Pensions v NJ

The Court of Appeal held that ESA entitlement could not continue during long absences in Spain for sunlight exposure: the absence was not solely for qualifying treatment.

  • Employment and support allowance
  • Absence from great britain
  • Medical treatment abroad
  • Statutory interpretation
  • Social-security
  • Employment-and-support-allowance
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Social security

HMRC & Anor v SC

The Upper Tribunal held that a child benefit priority arrangement must be a valid joint election in the prescribed manner and upheld HMRC's award to the father.

  • Child benefit
  • Priority of entitlement
  • Joint election
  • Supersession of awards
  • Child-benefit
  • Joint-election
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.