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 (HC) v Secretary of State for Work and Pensions
[2017] UKSC 73
Right to reside – ‘Zambrano carers’ – regulations not unlawful
Lounes v Secretary of State for the Home Department
EUECJ Case C-165/16
Right to reside – family member of dual British/EEA national
AG v The Department for Communities (DLA)
[2017] UKUT 442 (AAC)
Disability living allowance (DLA) - reciprocal arrangements between Great Britain and Northern Ireland regarding appeals – claimant appealing against a decision made in Northern Ireland but now living in Great Britain has appeal heard in Great Britain (and vice versa)
LO v SSWP (IS)
[2017] UKUT 440 (AAC)
Right to reside – lone parent European Union (EU) national not permitted to take children back to member state of origin – refusal not disproportionate
Secretary of State for Work and Pensions v Gubeladze
[2017] EWCA Civ 1751
Pension credit (PC) - right to reside - extension of worker registration scheme from 2009 to 2011 unlawful - permanent right to reside
M v SSWP
[2017] UKUT 443 (AAC)
Universal credit (UC) - ‘bedroom tax’ – meaning of ‘bedroom’ – whether room for separate bedside table and clothes storage required
LB v SSWP (PIP)
[2017] UKUT 436 (AAC)
Personal independence payment (PIP) - supervision – does not need to be on a one-to-one basis
HK v SSWP
[2017] UKUT 421 (AAC)
Employment and support allowance (ESA) - right to reside - retained worker status
CC v SSWP (PIP)
[2017] UKUT 429 (AAC)
Personal independence payment (PIP) - activity 7 (communicating verbally) - Secretary of State concession that ability to lip read must not be taken into account accepted and new First-tier Tribunal to adopt that
GD v SSWP (PIP)
[2017] UKUT 415 (AAC)
Personal independence payment (PIP) - relevance of previous disability living allowance (DLA) award - tribunal's duty to consider need for further evidence