England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

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Mark Gadsden v The Commissioners for HMRC

The Tribunal allowed Mr Gadsden’s appeal, holding that his late Class 2 National Insurance payments could be treated as paid because his ignorance was not due to a lack of due care and diligence.

• National insurance contributions
• Class 2 contributions
• Late payment
• Due care and diligence
• Reliance on professional advisers
• State pension entitlement

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WML v The Secretary of State for Work and Pensions

The Upper Tribunal held the claimant could not use regulation 6(2)(e) to backdate Income Support with SDP. The only ground was a change of circumstances requiring notification.

• Income support
• Severe disability premium (sdp)
• Supersession of benefits decisions
• Notification of change of circumstances
• European convention on human rights (article 14, a1p1)
• Statutory interpretation

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DKV v Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for inadequate reasons on activity 4 and remitted the case for a fresh hearing.

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

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NN v The Secretary of State for Defence

The Upper Tribunal held that the First-tier Tribunal erred in law when assessing an AFCS award and remitted the case for rehearing by a fresh panel.

• Armed forces compensation scheme
• Error of law
• Tribunal procedure
• Assessment of disability
• Remittal
• Armed-forces-compensation-scheme

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FED v The Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for errors of law and remitted the case for rehearing before a fresh tribunal.

• Personal independence payment (pip)
• Mandatory reconsideration
• Official error
• Tribunal procedure
• Supersession of benefit decisions
• Personal-independence-payment

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LM v Secretary of State for Work and Pensions & Anor

The Upper Tribunal allowed the appeal in a child support case, set aside the First-tier Tribunal’s decision for legal error, and remitted the matter for a fresh hearing.

• Child support
• Shared care
• Tribunal procedure
• Anonymity orders
• Child-support
• Shared-care

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TU v Secretary of State for Work and Pensions

The Upper Tribunal allowed TU’s appeal over Universal Credit housing cost entitlement, found the First-tier Tribunal erred in law, and remitted the case for a fresh hearing.

• Universal credit
• Housing cost element
• Procedural fairness
• Disability accommodation
• Error of law
• Universal-credit

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CLO v Bolsover District Council & Anor

The Upper Tribunal held that the appellant became an owner of the property from 31 October 2014, so housing benefit stopped and the overpayment was recoverable.

• Housing benefit
• Overpayment recovery
• Shared ownership tenancy
• Tenants in common
• Official error
• Tribunal procedure

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Wilfred Rabone v Secretary of State for Defence

The Upper Tribunal dismissed a claim for compensation for COVID-19 and consequential tinnitus, holding the workplace occurrence of infection was not shown to exceed what would normally be expected.

• Armed forces compensation
• Exogenous infection exclusion
• Covid-19 claims
• Tinnitus as a consequence of covid-19
• Statutory interpretation
• Armed-forces-compensation

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