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.
SM v SSWP (ESA)
[2014] UKUT 241 (AAC)
Employment and support allowance (ESA) - exceptional circumstances – substantial risk – home working not to be relied on as a possible job
JB v SSWP and Basingstoke and Deane BC (HB)
[2014] UKUT 223 (AAC)
Housing benefit (HB) - amounts for children - substantial minority carer
Reigate and Banstead Borough Council v SA
[2014] UKUT 369 (AAC)
Housing benefit (HB) - attribution of earnings for housing benefit
DC v Secretary of State
[2014] UKUT 218 (AAC)
Employment and support allowance (ESA) - adjournment to obtain representation – ESA and mental health – need to consider reasonable adjustment
MB v Christchurch BC (HB)
[2014] UKUT 201 (AAC)
Housing benefit (HB) - overpayment - official error
Secretary of State for Work and Pensions v Brade
[2014] CSIH 39
Employment and support allowance (ESA) - limited capability for work-related activity (support group) – Activity 13 (coping with social engagement) – meaning of ‘always precluded’
MO v HMRC (CHB)
[2014] UKUT 199 (AAC)
Child benefit (CHB) - overpayment - person subject to immigration control - alleged misrepresentation
Broxtowe Borough Council v CS (HB)
[2014] UKUT 186 (AAC)
Housing benefit (HB) - couples – living together as husband and wife – two people in different households are not a couple even if together at weekends
MN v (1) Bury Council, (2) Secretary of State for Work and Pensions (HB)
[2014] UKUT 187 (AAC)
Housing benefit (HB) - disregard of compensation for victims of Nazi persecution – failure to include the Netherlands WUV scheme in HB income disregards unlawfully discriminatory (under Article 1 of Protocol 1 and Article 14 of the European Convention on Human Rights)
CI v HMRC (TC)
[2014] UKUT 158 (AAC)
Tax credits (TC) - right of appeal - decision that no claim made