Highlighted decisions September 2009
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in September 2009
AC v CMEC [2009] UKUT 152 (AAC)
(CCS/1050/2009) Notional income – reduction of assessable income must form part at least of the intention or purpose of the deprivation
Chorley BC v IT [2009] UKUT 107 (AAC)
(CH/150/2007, CH/151/2007, CH/154/2007)
Exempt accommodation – whether accommodation can be ‘provided by’ a body other than the landlord – whether undertaking repairs and maintenance can be the provision of support
CMEC v NC [2009] UKUT 106 (AAC)
(CCS/1375/2008)
Variation rules on contact costs – whether restricted meaning of ‘qualifying child’
consistent with European Union law on free movement and the European Convention on Human Rights
CT v SSD [2009] UKUT 167 (AAC)
(CAF/589/2009)
How a tribunal should approach the assessment of an armed forces pension
FK v HMRC [2009] UKUT 134 (AAC)
(CF/84/2009, CTC/414/2009)
Entitlement following grant of asylum dates back to earliest claim for asylum
Hillingdon LBC v MJ [2009] UKUT 151 (AAC)
(CH/3079/2007)
Local authority bound by DWP decision that claimant was not a person from abroad
LC v SSWP [2009] UKUT 153 (AAC)
(CSG/548/2008)
Effect of concessions before the First-tier Tribunal on appeal to the Upper Tribunal
Leicester CC v LG [2009] UKUT 155 (AAC)
(CH/392/2009)
Start of entitlement to council tax benefit following an award of state pension credit
Ofsted v GM and WM [2009] UKUT 89 (AAC)
(C/119/2009, C/121/2009)
Threshold for childminder suspension is low but suspension is justified only for as long as there is a reasonable possibility that further steps may be necessary
RB v SSWP [2009] UKUT 53 (AAC)
(CCS/2585/2008)
Refusal to revise on application for variation – whether appealable
Also to be reported as R(CS)5/09
SSWP v JS [2009] UKUT 156 (AAC)
(CSIS/55/2009)
Whether tribunal considering ‘remunerative work’ is bound by a decision of HMRC on working tax credit
Synergy Child Services Ltd v Ofsted [2009] UKUT 125 (AAC)
(C/1458/2009)
Right of appeal against a refusal to reinstate a case struck-out for non-compliance – relevance of change of circumstances since non-compliance
C15/08-09 (DLA)
Tribunal’s power to make less favourable DLA awards when deciding appeal – guidance on the use of GP records at hearings (which are normally available at DLA tribunals in NI)
