Upper Tribunal: Administrative Appeals Chamber judgments, 2017

A returning British citizen’s spouse may rely on regulation 9 only where the relationship had become one of family membership while the citizen was exercising…

A tribunal may determine an issue against the party bearing the burden of proof where that party fails, without adequate explanation, to provide evidence…

A Union citizen who cannot satisfy the residence conditions in Directive 2004/38 may rely directly on Article 21 TFEU only in an exceptional case where…

Where an economically inactive Union citizen does not satisfy the conditions for residence under Directive 2004/38/EC, proportionality can displace those…

Where housing-benefit size criteria allow an additional bedroom for foster carers but not for approved providers of adult placements, the difference may amount…

An EU national who has not acquired permanent residence may be refused state pension credit where, after the individual assessment required by EU law, the…

A past-presence condition for disability living allowance may lawfully use a graduated bright-line test for children. The test need not correspond directly to…

Where domestic law provides a lawful scheme for recognising an acquired gender, a claimant seeking a retirement pension at the pensionable age applicable to…

A final tax-credit decision under section 18 of the Tax Credits Act 2002 is conclusive for the relevant tax year. It retrospectively removes all operative…

A breach of a duty to furnish or notify information under the Claims and Payments Regulations does not without more establish a failure to disclose for the…

A direction under Rule 14(6) permitting a tribunal to receive closed material is ordinarily capable of later variation under its general case-management…

Under section 16(1) of the Tax Credits Act 2002, an in-year amendment or termination of a tax-credit award depends on reasonable grounds for the specified…

A finding that a claimant and spouse were members of the same household does not, by itself, permit an existing award of income-related ESA to be revised or…

A failure to comply with a temporary worker-registration regime may exceptionally be disproportionate where its effect is to disregard years of genuine…

Where secondary legislation produces an unjustified breach of a claimant’s Convention rights, and primary legislation does not require that result, a statutory…

A claimant’s entitlement to housing benefit is tied to occupation of a particular dwelling. Under Housing Benefit Regulations 2006, a hospital patient who…

In assessing verbal communication for Personal Independence Payment, a tribunal must assess communication by the spoken word. It must not treat reading…

The PIP required period condition is a separate entitlement condition. It is not automatically met because the claimant obtains eight or more points under the…

The duty under the overriding objective to deal with cases fairly and justly is not reduced by a compensation scheme provision requiring an applicant to make…

On an appeal concerning the naming of an educational placement in an EHC plan, the First-tier Tribunal must identify the institution it considers appropriate.…

For the purposes of Regulation (EC) 883/2004, whether a payment is a pension depends on the Regulation’s context and structure, rather than on a general…

For Housing Benefit Regulations 2006, regulation 96(1)(c), the amount of “outstanding rent” is a question of fact. It may be reduced by an agreement between…

On an appeal against a refusal to prepare and maintain an education, health and care plan, the First-tier Tribunal must assess the young person’s current…

For the purposes of regulation 35(2), the assessment of substantial risk must be a real-world predictive assessment. It is not enough to identify one…

A person receiving maternity allowance is treated as engaged in qualifying remunerative work only if the separate conditions in regulation 5 are met. The…

Where a Union citizen who previously satisfied the self-sufficiency conditions in Article 7(1)(b) seeks social assistance, the host state must not use an…

Under the Criminal Injuries Compensation Scheme 2012, whether conduct is an act of a violent nature depends primarily on the nature of the act, not its…

During the managed transition from disability living allowance to personal independence payment, the Transitional Regulations lawfully postpone a transfer…

Neither the Disclosure and Barring Service nor the Upper Tribunal has power under the Safeguarding Vulnerable Groups Act 2006 to remove a person from a barred…

Under the original child-support scheme, a maintenance assessment may cease to have effect without a formal decision where an incontestable terminal event…