Highlighted decisions March 2008
Great Britain and Northern Ireland decisions highlighted by the Editorial Board in March 2008
CSA/694/2007
Whether driving a claimant to social activities is providing attention
CAF/1071/2006
War disablement pension – application for backdating of award – whether application for review for which grounds for delay must be shown
CAF/2792/2006
Claimant not present at hearing – requirement to adjourn to allow claimant to comment on new point – unsatisfactory bundles of documents
CAF/2026/2007
Duty of tribunal to consider whole matter afresh where decision set aside and remitted by a Commissioner
CCS/2696/2007
Interpretation of CSA 1991 Sch 1 para 16(4) (power to cancel assessment when status of absent parent changes).
CCS/3056/2007
Whether looking after the qualifying children overnight at the home of the parent with care counts as shared care.
CSDLA/627/2007
Whether tribunal may consider ability to use familiar routes when determining as fact what is the ability on unfamiliar ones.
CF/1968/2007, CF/2102/2007
Child benefit – status of Crown servant posted overseas – positions of consular correspondent and honorary consul – whether individual holding those posts entitled to child benefit – meaning of ordinary residence.
CF/2871/2007
Whether residence order under Children Act 1989 confers rights as “parent” for child benefit purposes.
CH/2555/2007
Council tax benefit – whether local authority entitled to supersede award of council tax benefit because beneficiary refuses a home visit.
CI/2842/2006
Whether claimant suffering cardiac arrest at work required to show that injury resulted from identifiable event.
CIB/2762/2007
Whether tribunal can revise supersession decision when dealing with overpayment.
CIS/3255/2005
Right to reside – whether EEA citizen may have a right of residence conferred by the Immigration Act 1971.
C10/06-07(IS)
Whether a pension signed over to a Religious Order under a deed of trust was income – ownership of income held by another.
CSIS/467/2007
Right to reside – employment terminated after short period because of underlying medical condition – whether claimant had acquired a right of residence as a worker under Article 18(1) of the European Charter.
CSIS/534/2007
Funeral payment – whether contributions from family members constituted loans.
CIS/1813/2007
Working tax credit payments made after the claimant was notified HMRC he has ceased work and asked for payment to stop - whether income for IS purposes.
CIS/3534/2007
Funeral payment – whether concept of “estrangement” relevant to claim by “close relative” as distinct from “immediate family member”
CP/3593/2006
Contributions – responsibility for keeping records and making decisions about graduated retirement contributions – responsibility not transferred by Secretary of State to HMRC by Transfer of Functions Act 1999 – tribunal must consider the evidence about contributions and not merely assertions about those records – approach to be taken in considering the records.
CTC/2270/2007
Couple – calculation of income when there are earnings for period before they became a couple.
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.
