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England and Wales decisions
Decisions matching the current search
The Supreme Court held that the child element of Universal Credit is not a separate family benefit under EU coordination rules and is not exportable.
The Court of Appeal held that Universal Credit’s child element is not severable into a standalone family benefit under Regulation 883/2004, and dismissed the appeal.
The Court of Appeal allowed HMRC to raise new points of law on articles 7 and 10 of Regulation 883/2004 in a child benefit overpayment appeal and adjourned the case.
The Upper Tribunal held that carer’s allowance depended on the claimant’s own circumstances, not the cared-for person’s, and dismissed the appeal.
UK Supreme Court referred questions on whether disability living allowance could be withheld after a claimant moved to Spain under EU social security rules.
The Court of Appeal dismissed an appeal about disability living allowance exportability and refused to refer the issue to the CJEU, treating Ruas as binding.
Tolley (Deceased) v the Secretary of State for Work And Pensions [2013] EWCA Civ 1471 (23 October 2013)
The Court of Appeal dismissed an appeal about disability living allowance and declined to refer EU-law questions to the CJEU, relying on binding precedent and the Supreme Court’s refusal in a similar case.
Walker-Fox v Secretary of State for Work and Pensions [2005] EWCA Civ 1441 (29 November 2005)
Court of Appeal held that a time limit for claiming winter fuel payments was lawful and allowed the Secretary of State’s appeal.
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