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GW v Dumfries and Galloway Council and SSWP

[2025] UKUT 354 (AAC)

Human rights – local housing allowance and number of bedrooms allowed

Decision in brief

Claimant unable to share a bedroom with his partner due to disability, but unable to qualify for a second bedroom to be allowed as he was not in receipt of the required disability benefit (in his case, the middle or high rate of the disability living allowance care component) as he had been refused it and not sought to reclaim it – no breach of the claimant’s human rights under the European Convention on Human Rights – no discrimination for disability as the difference between the claimant and someone getting the relevant disability benefit was not disability based – if justification for the requirement to be getting a relevant disability benefit was required, then the requirement had objective and reasonable justification (and so was not unlawful)

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2024-SCO-000026 HB
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

BH v SSWP

[2025] UKUT 423 (AAC)

Carer’s allowance – calculation of earned income – whether claimant an employed earner or self-employed

Decision in brief

Tribunal erred in deciding claimant was not self-employed because his earnings were taxed under the PAYE system – that was not the correct test – the Social Security Benefit (Computation of Earnings) Regulations 1996 provide that an ‘employed earner’ is someone in gainful employment ‘under a contract of service’, and that ‘self-employed earner’ is a residual category (ie, someone who is in gainful employment ‘otherwise than as an employed earner’) – it was not open to the tribunal to decide that the claimant was neither an employed earner nor self-employed but instead a ‘worker’ – it was the contractual relationship that was key in deciding whether claimant was working under a ‘contract of service’ (and so an employee) or not

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2025-000173-CA and UA-2025-000177-CA
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

JAT v SSWP (PIP)

[2025] UKUT 399 (AAC)

Tribunals – claimant with paranoid schizophrenia – daily living activity 9 (engaging with other people face to face)

Decision in brief

Tribunal erred in holding that claimant could engage with others on basis of interactions with neighbours – tribunal adopted unduly narrow approach in failing to address whether the neighbours were already known to the claimant and how she would engage with people unknown to her – per HA v SSWP (PIP) [2018] UKUT 56 (AAC), tribunal must undertake a holistic assessment of ability to engage with others, considering a range of interactions and not limiting itself to those involving familiar persons

On
Appeal reference
UA-2025-000038-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

MCB v SSWP

[2025] UKUT 348 (AAC)

Tribunals – incomplete audio recording of hearing – set-aside for material procedural irregularity

Decision in brief

Senior President of Tribunals has issued a Practice Statement requiring judges to make a record of proceedings and for tribunal to preserve it for a specified period – record of proceedings could, depending on facts, consist of multiple documents, such as an audio recording, judge’s notes and written reasons – but in this case, even all of that taken together did not adequately record the evidence taken and submissions made

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2024-001805-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website
Online
Relevant to
England, Wales,

Benefits overview

This two-morning course provides an overview of the benefits system and examines how the system fits together. 
 

Event on
14 Jul 2026
Also on
20 Jan 2027
Online
Relevant to
all of the UK

How to unlock your training potential

This interactive and practical course is designed to increase your skills and confidence if you are new to training, and provide an update on best practice if you are a more experienced trainer. 
Event on
16 Mar 2027
Online
Relevant to
Scotland,

Adult disability payment - an introduction

Adult disability payment (ADP) is a benefit for working-age adults in Scotland who have extra care needs or mobility difficulties because of a disability.

Event on
18 Aug 2026
Also on
25 Feb 2027
Online
Relevant to
England, Wales,

Benefits for non-benefit advisers

This essential two-morning course is aimed at non-benefit advisers who need a clear and practical introduction to the system.
Event on
22 Jun 2026
Also on
19 Nov 2026

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