Highlighted decisions September 2007
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in September 2007
CAF/2867/2006
Whether an award made on acceptance of a new condition is an award on a new claim or on review – whether entitlement decision may be reviewed on ‘any ground’ despite assessment appeal.
CSCS/20/2006
Conditions for payment to be treated as a voluntary payment under section 28J of the Child Support Act 1991.
CCS/821/2006
Whether under regulation 10(4) of the Child Support (Variation) Regulations 2000 the cost of travel to and from the child by a parent with shared care can be the subject of a variation.
CCS/4070/2006
The effects of an award of benefit obtained by fraud on section 6 of the Child Support Act 1991.
CSCS/7/2007
Proper approach to departure directions - need to consider financial circumstances of both parents to establish whether it is just and equitable to make direction.
CH/3631/2006
Local authority has no power to appoint a person to carry on an appeal before the Commissioner on death of claimant respondent.
CH/3933/2006
Council Tax benefit – sole or main residence – whether claimant with large family can qualify as resident of more than one chargeable dwelling
CH/402/2007
Termination following suspension – whether decision is appealable
CP/3577/2006
Whether a widow's pension can be less than the pension received by the widow before her husband died – effect of both personal and inherited contracted out deductions (or guaranteed minimum pensions)
Whether additional retirement pension received by widow after her husband's death can be lower than pension received as retired married woman – whether widow advantaged by disclaiming either her Category A entitlement or her Category B entitlement.
CPC/3743/2006
Recovery of overpayments – tribunal procedure and practice – whether revising decision before tribunal hearing can retrospectively validate an overpayment recoverability decision
CSS/239/2007
Life prisoner detained in mental hospital in receipt of SDA – award superseded – requirement for certificate from the Secretary of State or Scottish Ministers
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.
