Decisions reported in September 2008
The following Great Britain decisions are now available on this website in their reported form
R(AF) 3/08
War disablement pension – commencement date of award – application for backdating – whether application for review for which grounds for delay must be shown
R(CS) 6/08 (Secretary of State for Work and Pensions v Boyle and another [2008] EWCA Civ 210)
Maintenance assessment – effective date of formula assessment made after interim assessment
R(CS) 7/08
Maintenance assessment – day to day care – whether looking after the qualifying children overnight at the home of the parent with care counts as shared care
R(CS) 8/08
Application for maintenance – series of retrospective assessments – whether new application needed following period(s) where child had temporarily ceased to live with person with care
R(DLA) 2/08
Mobility component – disregard of ability to use routes which are familiar to claimant – whether consideration of that ability is prohibited when determining ability on unfamiliar routes
R(F) 1/08
Child benefit – responsibility for child – meaning of "parent" – shared residence order under the Children Act
R(IS) 5/08
Capital – disregard for arrears of income-related benefit – whether applies to refund to income support claimant of wrongly imposed charges for after-care provided under section 117 of the Mental Health Act 1983
R(IS) 6/08
Residence and presence conditions – right to reside – whether EEA citizen may have a right of residence conferred under the Immigration Act 1971
R(IS) 7/08
(Casewell v Secretary of State for Work and Pensions [2008] EWCA Civ 524)
Income – whether sums paid to a claimant by his spouse as a reward for care services provided by him are to be taken into account as household income for benefit purposes
R(P) 1/08
Contributions – record–keeping and decision–making about graduated retirement contributions – whether responsibility of Secretary of State or Revenue – requirement for tribunal to consider evidence of contributions
R(P) 2/08 (Secretary of State for Work and Pensions v Burley [2008] EWCA Civ 376)
Residence and presence – exporting of retirement pension to France – Article 10 of Regulation (EEC) 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
R(TC) 1/08
Couple – calculation of income when there are earnings for period before they became a couple
