Great Britain Decisions to be reported in September 2008
(No Northern Ireland decisions have been selected for reporting so far in 2008)
Editorial Board 09.06.08
Decisions of Commissioners
(Note: the keywords may not be the same in the headnotes to the decisions as reported.)
R(AF) 3/08
CAF/1071/2006
Application for backdating of award – whether application for review for which grounds for delay must be shown.
R(CS) 7/08
CCS/3056/2007
Maintenance assessments – interpretation of para 16(4) of Schedule 1 to the Child Support Act 1991.
R(CS) 8/08
CCS/2696/2007
Whether looking after the qualifying children overnight at the home of the parent with care counts as shared care.
R(DLA) 2/08
CSDLA/627/2007
Whether a tribunal is prevented from considering any ability to use familiar routes when determining as fact what is the ability on unfamiliar ones.
R(F) 1/08
CF/2871/2007
Child benefit – parent – parental responsibility under Children Act.
R(IS) 5/08
CIS/3760/2006
Whether refund of charges for after-care under section 117 of the Mental Health Act 1983 wrongly imposed on income support claimant to be disregarded as capital under paragraph 7 of Schedule 10 to the Income Support (General) Regulations 1987.
R(IS) 6/08
CIS/3255/2005
Residence and presence conditions – right to reside – whether EEA citizen may have a right of residence conferred under the Immigration Act 1971.
R(P) 1/08
CP/3593/2006
Contributions – responsibility for keeping records and making decisions about graduated retirement contributions – responsibility not transferred by Secretary of State to HMRC by Transfer of Functions Act 1999 – duty of tribunal to consider the evidence about contributions and not merely assertions about those records – approach to be taken in considering the records.
(Possibility of further appeal, so reporting may be deferred).
R(TC) 1/08
CTC/2270/2007
Couple – calculation of income when there are earnings for period before they became a couple.
Decisions of Courts
R(CS) 6/08
Secretary of State for Work and Pensions v Boyle & another
Court of Appeal decision only to be reported
CCS/2621/2006
Effective date of a formula assessment made after an interim assessment.
R(IS) 7/08
Casewell v Secretary of State for Work and Pensions
Court of Appeal decision only to be reported.
CIS/1068/2006
Whether sums paid to a claimant by his spouse as reward for care services provided by the claimant to the spouse are to be taken into account in determining claimant's income.
R(P) 2/08
Secretary of State for Work and Pensions v Burley
Court of Appeal decision only to be reported
CP/633/2006
CP/634/2006
Residence and presence – exporting of retirement pension to France –Article 10 of Regulation 1408/71 – higher rate retirement pension derived from legislation bringing into force an international social security agreement concluded between the UK and a third state.
