Highlighted decisions December 2007

Great Britain and Northern Ireland decisions highlighted by the Editorial Board in December 2007

CAF/3748/2006
Whether self – inflicted injury can be attributable to service

CAF/3904/2006
Whether someone released from service to the reserves, even on condition of going to particular reconstruction employment with the sanction of revocation of release if that employment were left unjustifiably, was serving as a member of the armed forces. Whether favourable burden of proof applies to establishing period of service

CAF/1569/2007
Whether breach of natural justice in not advising claimant that PAT would not approach witness

CCS/137/2007
Income of non – resident parent – whether necessary car leasing expense of employee may be calculated by apportionment for child support purposes

CCS/1639/2007
Income of non – resident parent – whether car parking charges are "minor incidental costs" incurred in connection with travel between home and normal place of work

CDLA/3461/2006
Whether six–month prospective test must be met on renewal claim

CDLA/1256/2007
Whether nausea relevant in applying cooking test.

CDLA/2466/2007
Assessment of opinion/evidence of disability analyst – the professional status of the analyst and the factual basis of the opinion must be known

CH/2995/2006
Termination for failure to provide information – date from which decision is effective – effect of failure to give notice of the period within which information is required

CH/3700/2006
Whether a caravan is capital and, if so, whether to be disregarded as a personal possession

CH/4248/2006
Person subject to immigration control - no recourse to public funds – exception where claimant "temporarily without funds" - whether refers to date of claim or award

CH/1099/2007
Earnings and other income – self employed – whether losses in claimant's business can be offset against partner's employed earnings

CH/1246 & 1247/2007
Whether accommodation is "exempt accommodation" where support is provided to the tenant by a third party who acts on behalf of the landlord in some other respect (but not in providing support)

CIB/1602/2006
Contributions and credits - credits and credited earnings - when a claim can be made under regulation 8A of the Credits Regulations 1975 for credited earnings for unemployment - procedure for making and deciding a claim under that regulation - whether requirements of regulation 8A(2)(b) include the presence of the claimant in Great Britain - claimant treated as being available for employment while out of Great Britain - regulation 19 of Jobseekers Allowance Regulations 1996

CIB/2248/2006
Transsexual with gender reassignment after 60 - whether application of incapacity benefit contribution conditions discriminatory contrary to Article 4 of Council Directive 79/7/EEC

CIB/1690/2007
Personal capability assessment - manual dexterity descriptor 7(e): "cannot tie a bow in laces or string" - whether ability to tie a bow uses wrists as well as fingers

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

CIS/419/2007
Whether intercalating student from EU Member State not looking for work has right of residence

CIS/1545/2007
Whether EU child citizen has right to reside as dependent of absent father providing limited support

CIS/1794/2007
European Union law – free movement – whether an asylum–seeker is legally resident for the purposes of Article 16 of Directive 2004/38/EC

Residence and presence conditions – right to reside – whether temporary admission is a right to reside

CJSA/495 & 505/2007
Whether sanctions on JSA claimant contravene article 4.2 of European Convention on Human Rights

CJSA/1814/2007
Actively seeking work – whether claimant required to visit jobcentre during week – whether claimant required to perform all steps in jobseeker's agreement in week - whether claimant can use email and internet as reasonable steps in a jobsearch

Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal. The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.

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