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.
Ahmad v Secretary of State for the Home Department
[2014] EWCA Civ 988
Right to reside – student and comprehensive sickness insurance – access to NHS
SD v Eastleigh Borough Council (HB)
[2014] UKUT 325 (AAC)
Housing benefit (HB) - ‘bedroom tax’ – regular requirement for overnight care – meaning of ‘regular’ and relevance of rate of disability living allowance award
NMcM v SSWP (DLA)
[2014] UKUT 312 (AAC)
Disability living allowance (DLA) - high rate mobility component – severe mental impairment – arrested or incomplete physical development of the brain not limited to age under 30.
Reilly (No.2) and Hewstone v Secretary of State for Work and Pensions
[2014] EWHC 2182 (Admin)
Jobseeker's allowance (JSA) - work programmes - retrospective validation of rules - breach of European Convention on Human Rights
LS v SSWP (SF)
[2014] UKUT 298 (AAC)
Social fund (SF) - social fund sure start maternity grant - restriction to one child under 2011 amendment regulations
Jessy Saint Prix v Secretary of State for Work and Pensions
EUECJ C-507/12
Income support (IS) - right to reside- pregnancy and retained worker status
JP v SSWP (DLA)
[2014] UKUT 275 (AAC)
Disability living allowance (DLA) - child witnesses - need to take account of child's right to autonomy and right to participate - R(DLA) 3/06 and Practice Direction
CM v HMRC (TC)
[2014] UKUT 272 (AAC)
Tax credits - right of appeal – separated parent who is not a party to the appeal
Rutherford and others v Secretary of State for Work and Pensions
[2014] EWHC 1631 (Admin)
Housing benefit (HB) - local housing allowance size criteria and eligible rent reduction (bedroom tax) - whether unlawful regarding disabled children in need of an overnight carer
GC v HMRC (TC)
[2014] UKUT 251 (AAC)
Tax credits (TC) - ordinary residence – temporary absence while working abroad