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England and Wales Case Law

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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

LP v Secretary of State for Work and Pensions

The Upper Tribunal allowed a PIP appeal, holding that the First-tier Tribunal gave inadequate reasons and failed to address material evidence, so the case was remitted.

  • Personal independence payment
  • Tribunals, courts and enforcement act 2007
  • Welfare reform act 2012
  • Social security (personal independence payment) regulations 2013
  • Error of law
  • Adequacy of reasons
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Social security

SS v Secretary of State for Work and Pensions

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

  • Personal independence payment
  • Disability assessment
  • Tribunals, courts and enforcement act 2007
  • Welfare reform act 2012
  • Pip regulations
  • Personal-independence-payment
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Administrative law [2020] EWHC 2827 (Admin)

The Queen on the Application of Moore & Anor v Secretary of State for Work and Pensions

The Queen on the Application of Moore & Anor v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin) (26 October 2020)

The High Court upheld the treatment of Statutory Maternity Pay as earned income and Maternity Allowance as unearned income for Universal Credit purposes.

  • Universal credit
  • Maternity allowance
  • Statutory maternity pay
  • Discrimination under article 14 echr
  • Public sector equality duty
  • Welfare reform act 2012
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Constitutional law

TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions

Court of Appeal held that denying transitional protection to claimants who migrated to Universal Credit due to official error breached Article 14 read with A1P1.

  • Discrimination under article 14 echr
  • Universal credit transitional protection
  • Welfare reform act 2012
  • Judicial review of administrative action
  • Proportionality and justification in discrimination cases
  • Universal-credit
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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.