Caselaw summaries
Easy access to all caselaw summaries published in our Welfare Rights Bulletin since 2013, covering welfare rights cases we think will be of interest to advisers.
R (Connor) v Secretary of State for Work and Pensions
[2020] EWHC 1999 (Admin)
Employment and support allowance – mandatory reconsideration requirement – breach of human rights
W v HMRC
[2020] UKUT 239 (AAC)
Tax credits – bar on making a claim where universal credit could be claimed instead
MS v SSWP (ESA)
[2020] UKUT 235 (AAC)
Right to reside
R (Pantellerisco and others) v Secretary of State for Work and Pensions
[2020] EWHC 1944 (Admin)
Universal credit – benefit cap where paid four-weekly – earned income rules irrational
MM v SSWP (IS)
[2020] UKUT 220 (AAC)
Tribunals – appeal struck out as no appealable decision
CM v SSWP (PIP)
[2020] UKUT 221 (AAC)
Supersession in light of MH v SSWP (PIP) [2016] UKUT 531 (AAC)
Cox (re application for judicial review)
[2020] NIQB 53
Terminal illness – ‘six-month’ requirement unlawful
MD v SSWP (UC)
[2020] UKUT 215 (AAC)
Work-related activity and ‘substantial risk’ – relevant employment and support allowance (ESA) caselaw also applies to universal credit (UC) – need for adequate evidence of work-related activity
Konevod v Secretary of State for Work and Pensions
[2020] EWCA Civ 809
Competent state – regulation (EC) 883/04 – new claim for carer’s allowance made in Cyprus
MR v SSWP (ESA)
[2020] UKUT 210 (AAC)
Employment and support allowance (ESA) - work-related activity and ‘substantial risk’ – use of ‘soft skills’ lists of work-related activity