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Social security law

GB v Social Security Scotland

The Upper Tribunal allowed GB’s appeal against Social Security Scotland, quashed the First-tier Tribunal’s findings on daily living activities 3 and 8, and remitted the case.

  • Adult disability payment
  • Tribunal appeal
  • Remittal for rehearing
  • Daily living activities
  • Monitoring a health condition
  • Adult-disability-payment
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Administrative law [2025] ScotIC 064_2025

Social Security Scotland (Benefits granted to foreign-born nationals)

Social Security Scotland (Benefits granted to foreign-born nationals) [2025] ScotIC 064_2025 (17 March 2025)

The Scottish Information Commissioner upheld Social Security Scotland’s refusal to disclose information about benefits granted to foreign-born nationals, relying on FOI exemptions and data protection concerns.

  • Freedom of information
  • Entitlement to benefits
  • Foreign nationals
  • Freedom-of-information
  • Data-protection
  • Social-security
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Administrative law [2024] CSIH 28

Application for leave to appeal by LM against the Advocate General for Scotland (Court of Session)

Application for leave to appeal by LM against the Advocate General for Scotland (Court of Session) [2024] CSIH 28 (19 September 2024)

The Court of Session refused leave to appeal, holding that LM’s grounds challenged First-tier Tribunal findings rather than any arguable error in the Upper Tribunal’s Rule 43 decision.

  • Child maintenance
  • Appeals from tribunals
  • Procedural irregularity
  • Permission to appeal
  • Excluded decisions
  • Tribunal-procedure
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Administrative law [2024] CSOH 79

Petition of Alan Houston for Judicial Review (Court of Session)

Petition of Alan Houston for Judicial Review (Court of Session) [2024] CSOH 79 (09 August 2024)

The court held that deductions from state pension credit to recover Social Fund crisis loans were lawful, that prescription did not apply, and dismissed the petition.

  • State pension credit
  • Social fund loans
  • Deductions from benefits
  • Prescription and limitation
  • Judicial review
  • Judicial-review
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Administrative law [2021] ScotCS CSOH_63

PETITION OF ALI ADNAN AND MRS SAIMA ADNAN FOR JUDICIAL REVIEW

PETITION OF ALI ADNAN AND MRS SAIMA ADNAN FOR JUDICIAL REVIEW [2021] ScotCS CSOH_63 (15 June 2021)

The Court of Session held that refugees’ special backdating rules for child tax credit were not displaced by Universal Credit transitional provisions.

  • Tax credits
  • Universal credit
  • Refugee entitlements
  • Transitional provisions
  • Statutory interpretation
  • Judicial-review
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Social security law [2017] ScotCS CSIH_35

Secretary of State for Work and Pensions v The City of Glasgow Council & Anor

Secretary of State for Work and Pensions v The City of Glasgow Council & Anor [2017] ScotCS CSIH_35 (31 May 2017)

The Court of Session held that “bedroom” in housing benefit regulations is assessed objectively by the property’s vacant-state characteristics, not occupants’ actual use.

  • Housing benefit
  • Statutory interpretation
  • Disability discrimination
  • Bedroom tax
  • Public benefits
  • Housing-benefit
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Social security law [2017] ScotCS CSIH_4

Slezak v The Secretary of State for Work and Pensions

Slezak v The Secretary of State for Work and Pensions [2017] ScotCS CSIH_4 (27 January 2017)

The Court of Session held that a retained right of residence under Regulation 14(3) was not excluded by Income Support Regulation 21AA(3)(b)(ii).

  • Income support eligibility
  • Right to reside
  • Non-discrimination
  • Habitual residence
  • Eu law implementation
  • Income-support
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Public law [2016] ScotCS CSOH_170

Cullen v The Advocate General For Scotland

Cullen v The Advocate General For Scotland [2016] ScotCS CSOH_170 (9 December 2016)

The Court of Session held that repayment of misused social-security benefits under section 71 was a statutory public-law obligation, not unjustified enrichment.

  • Statutory obligations
  • Unjustified enrichment
  • Prescription and limitation
  • Recovery of state benefits
  • Social-security
  • Prescription-and-limitation
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Administrative law [2015] ScotCS CSIH_82

Secretary of State for Work and Pensions v Robertson Court of Session

Secretary of State for Work and Pensions v Robertson Court of Session [2015] ScotCS CSIH_82 (24 November 2015)

The Court of Session dismissed the Secretary of State’s appeal as incompetent, holding that the vires issue did not arise from the Upper Tribunal’s operative decision.

  • Statutory interpretation
  • Ultra vires
  • Discrimination
  • Appeal competency
  • Disability living allowance
  • Mobility component
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