Caselaw summaries

Competent state – disability living allowance care component – new claim by claimant habitually resident in Cyprus but not working – not entitled

Person subject to immigration control – Nigerian national with Irish child – reported statement of claimant’s mother and sisters undertaking to provide financial support – no evidence of a ‘maintenance undertaking’ for purpose of section 115(9) and (1) of the Immigration and Asylum Act 1999

Child tax credit – whether child/young person is in education – if at school or college, no requirement for that school or college to be registered

Disability benefits – past presence test – European nationals and ‘genuine and sufficient link’ to UK

Transition from legacy benefits to universal credit (UC) – legacy benefit wrongly terminated – lack of transitional protection not unlawful

DWP refusal to communicate by email – whether in breach of Equality Act 2010

Right of appeal – where initial decision under section 14 of the Tax Credits Act 2002 is to refuse to award tax credits – in such a case, there can be no ‘final’ decision under section 18

New state pension – residence in Australia before March 2001 (when reciprocal agreement with Australia ended) – applies to the transitional rate in Step 1 of calculation (regarding calculation of ‘old’ retirement pension) but not to that in Step 2 (regarding calculation of new state pension)

Competent state – disability living allowance (DLA) care component

Housing benefit (HB) - right to reside – genuine and effective work – ‘minimum earnings threshold’ is guidance not law and must be applied accurately