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England and Wales Case Law

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Social security law

KB v Secretary of State for Work and Pensions

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

  • Employment and support allowance
  • Severe disability premium
  • Error of law
  • Tribunal procedure
  • Social-security-law
  • Employment-and-support-allowance
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Social security

RP v Secretary of State for Work and Pensions

The Upper Tribunal dismissed RP’s appeal, holding the First-tier Tribunal made no error of law in finding no entitlement to the severe disability premium.

  • Severe disability premium
  • Carer's allowance
  • Income-related employment and support allowance
  • Entitlement criteria
  • Overpayment
  • Civil penalty
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Social security law

DR v The Secretary of State for Work and Pensions

The Upper Tribunal allowed this Universal Credit appeal, set aside the First-tier Tribunal decision, and remitted the case for a fresh rehearing applying MJ.

  • Universal credit
  • Transitional protection
  • Severe disability premium
  • Carer element
  • Limited capability for work-related activity (lcwra)
  • Discrimination
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Social security law

Secretary of State for Work and Pensions v SM

The Upper Tribunal held that the First-tier Tribunal erred in law on transitional SDP entitlement under Universal Credit and remade the award at the lower rate.

  • Universal credit
  • Severe disability premium
  • Transitional provisions
  • Carer element
  • Universal-credit
  • Severe-disability-premium
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Social security law

The Secretary of State for Work and Pensions v MJ

Upper Tribunal held that eroding MJ’s transitional severe disability premium element to nil after an LCWRA award was discriminatory and breached her Convention rights.

  • Universal credit
  • Transitional protection
  • Severe disability premium
  • Discrimination
  • European convention on human rights
  • Benefit erosion
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Social security

Secretary of State for Work and Pensions v PL

The Upper Tribunal allowed the Secretary of State’s appeal, holding the First-tier Tribunal erred by directing a Universal Credit claim to be treated as an ESA claim.

  • Universal credit
  • Severe disability premium
  • Employment and support allowance
  • Housing benefit
  • Mandatory reconsideration
  • Tribunals, courts and enforcement act 2007
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Social security law

The Secretary of State for Work and Pensions v GK (ESA)

The Upper Tribunal held that a cared-for person’s consent is not a legal condition for Carer’s Allowance and allowed the Secretary of State’s appeal.

  • Employment and support allowance
  • Severe disability premium
  • Carer's allowance
  • Entitlement conditions
  • Benefit overpayment
  • Social-security-law
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Social security law

MW v The Secretary of State for Work and Pensions

Upper Tribunal upheld recovery of an ESA overpayment after finding the claimant failed to disclose his daughter’s move-in, but set aside a £50 civil penalty.

  • Overpayment recovery
  • Duty of disclosure
  • Civil penalty
  • Severe disability premium
  • Administrative law
  • Social-security-law
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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.