Highlighted decisions June 2009
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in June 2009
Note: any decision made on or after 3 November 2008 may be given an official neutral citation number as set out in the Senior President’s Practice Statement dated 31 October 2008. In practice neutral citation numbers are given to all decisions of Upper Tribunal judges published on this website.
CAF/2916/2006 SSD v MR [2009] UKUT 31 (AAC)
To be reported as R(AF) 3/09
Child allowance – death due to consumption of alcohol – whether death also due to another cause.
CAF/2162/2007 CAF/1412/2007 SSD v AD+MM (No2 [2009] UKUT 69) (AAC)
Power to suspend effect of decision is limited to its effect between the parties and does not extend to its precedential effect
CAF/3934/2007 SSD v DK [2009] UKUT 51 (AAC)
Allowance for lowered standard of occupation to be reduced by amount of service attributable pension paid to reservist
CSCS/14/2008 TW v SSWP [2009] UKUT 91 (AAC)
Whether a variation of maintenance calculation can be effected by means of a supersession on another ground
CCS/1137/2008 JJ v SSWP [2009] UKUT 32 (AAC)
Housing costs – whether capital repayments under a second or subsequent mortgage, the loan having been taken out in order to fund the purchase of the home, are eligible housing costs in calculating exempt income.
CDLA/2078/2005 JS v SSWP [2009] UKUT 81 (AAC)
Council Regulation 1408/71/EEC – care component of DLA is exportable to Germany where claimant is a pensioner
CDLA/3519/2008 DC v SSWP [2009] UKUT 45 (AAC)
Tribunals should not make findings of greater precision than law requires and evidence permits. – precise findings in relation to distance and time are not required in virtual inability to walk cases
CDLA/59/2009 KH v SSWP [2009] UKUT 54 (AAC)
Date of claim for purposes of advance award is date completed claim pack is received
CDLA/544/2009 BP v SSWP [2009] UKUT 90 (AAC) BP v SSWP
DLA mobility – whether could from time to time ‘benefit from enhanced facilities for locomotion’ – appellant with CFS/ME confined to bed and housebound
CG/449/2008 AD v SSWP [2009] UKUT 46 (AAC)
Full time education – test under reg 5 (1) of ICA regulations is whether the claimant actually devotes more than 21 hours to course (excluding unsupervised study). (CG/3189/2004 not followed)
Permission to appeal granted to by Judge Mesher to Secretary of State on 22.05.09 under the name ‘Deane v Secretary of State for Work and Pensions’
CH/2337/2008 Stroud DC v JG [2009] UKUT 67(AAC)
Occupation of the home – whether a full time student continued to be an occupier of the home he previously occupied with his mother after he became a full–time student – reg 7 Housing Benefit Regulations applied (R (Marchant) v Swale Borough Council HBRB (1999) CA applied)
CH/2366/2008 Leicester CC v OA [2009] UKUT 74 (AAC)
Requirement to seek national insurance number applies to revision and supersession – refusal of NINO is not conclusive
CH/3495/2008 JD v Leeds CC [2009] UKUT 70 (AAC)
Recoverability decision made after bankruptcy does not make overpayment a bankruptcy debt
CH/3670/2008 LB Waltham Forest v TM [2009] UKUT 96 (AAC)
Notional capital does not vest in a trustee in bankruptcy and survives the bankruptcy
CI/2324/2008 SP v SSWP [2009] UKUT 97 (AAC) SP v SSWP
Prejudice does not have to be shown on a reasons challenge where the reasons are inadequate
CSIB/261/2009 EF’s application [2009] UKUT 92 (AAC)
Application for judicial review in Scotland must be made to Court of Session and not direct to the Upper Tribunal
CIS/1132/2006 CM v SSWP [2009] UKUT 43 (AAC)
No Article 14 discrimination in denying IS to a pregnant intercalating student nurse
CIS/2054/2008 CIS/2946/2008 SSWP v EM [2009] UKUT 44 (AAC)
Person from abroad – right to reside – whether a residence permit issued before 30.04.06 confers a right of residence from that date – whether a registration certificate issued has the same effect as a residence permit
C7/08-09 (IS)
Guidance as to capital – chose in action is actual capital – valuation after Secretary of State decision is relevant
CP/1161/2007 CT v SSWP [2009] UKUT 49 (AAC)
A male to female transgender person remaining married to her spouse therefore has no entitlement to state pension at 60
CTC/3692/2008 MI v HMRC [2009] UKUT 73 (AAC)
Former asylum seeker cannot rely on normal time limits for claims – asylum support for adult to be deducted from child tax credit
