Decisions reported in June 2009
The following Great Britain decisions are now available on this website in their reported form
R(AF) 1/09
RS v Secretary of State for Defence [2008] UKUT 1 (AAC)
Tribunal jurisdiction – time limits for appealing – whether a decision wrongly to admit a late appeal can confer jurisdiction on tribunal deciding the issue at a later stage
R(AF) 2/09
Ratcliffe v S of State for Defence [2009] EWCA Civ 39
Human rights – unmarried partner of deceased ex-serviceman – whether conditions for entitlement to service pension contrary to Article 14 of the Convention
R(CS) 2/09
Variation – lifestyle inconsistent – exception where non-resident parent in receipt of working tax credit – whether credit must be lawfully payable
R(CS) 3/09
RH v Secretary of State for Work an Pensions [2008] UKUT 19 (AAC)
Calculation of income – child tax credit payable to non-resident parent’ s partner – whether absence of words ’shall be treated as the income of the non-resident parent’s from paragraph 13A of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 renders provision meaningless
R(CS) 4/09
Secretary of State for Work and Pensions v Wincott [2009] EWCA Civ 113
Variation – dividend – period in respect of which the conditions in regulation 19(1A) of the Variations Regulations 2000 must be satisfied
R(H) 2/09
Earnings and other income – whether reduction in incapacity benefit because of receipt of occupational pension is "any deduction by way of recovery"
Housing and council tax benefit – whether ‘ gross income’ means incapacity benefit actually received after reduction by virtue of section 30DD of the SSCBA 1992 or the notional full rate
R(H) 3/09
AH v Mendip District Council [2008] UKUT 18 (AAC)
Recovery of overpayment – housing benefit – amendments to legislation on recoverability – whether retrospective
R(H) 4/09
Housing benefit – rent restrictions – exemption where housing-related support provided – relevance of support available to tenants generally but not taken advantage of by the claimant
R(I) 1/09
FR v Secretary of State for Work and Pensions [2008] UKUT 12 (AAC)
Prescribed disease A12 carpal tunnel syndrome – whether a particular degree of flexion required
R(IB) 2/09
Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42
Exceptional circumstances – whether test of substantial risk to be evaluated against specific employments or in the abstract
R(IS) 4/09
European Union law – free movement – EU citizen leaving work to care for her husband who is not a EEA national – whether they retain rights of residence under Article 18(1) of the EC Treaty
Residence and presence conditions – right to reside – scope of Article 18(1) of the EC Treaty
R(IS) 5/09
Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310
European Union law – free movement – whether a former worker has a right of residence under Article 18(1) of the EC Treaty
Residence and presence conditions – right to reside – scope of Article 18(1) of the EC Treaty
