Highlighted decisions March 2009

Great Britain and Northern Ireland decisions highlighted by the Editorial Board in March 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.

CA/1546/2008 [2009] UKUT 23 (AAC)
Carer's allowance – whether potential PAYE liability is deductible under regulation 10(4) of Social Security Benefit (Computation of Earnings) Regulations 1996 when deciding whether claimant gainfully employed

CCS/2314/2008 [2009] UKUT 3 (AAC)
Non-resident parent habitually resident both in UK and abroad entitled to include family abroad in exempt income

C12/08-09 (DLA)
Consideration of supersession must be explicit – evidence of employment is relevant to DLA

CDLA/1450/2008 [2009] UKUT 37 (AAC)
Mobility component – age limit on higher rate is rational and not contrary to European Convention on Human Rights

CDLA/2955/2008 [2008] UKUT 24 (AAC)
Severe behavioural problems – intervention need not be required in all environments

CF/2266/2007 [2009] UKUT 18 (AAC)
Presence conditions – Council Regulation 1408/71/EEC – disabled claimant was an employed person having been insured as an employed earner

*CH/2321/2007
National of state that has ratified European Convention on Social and Medical Assistance – whether ‘Right to Reside’ test confined to EU Citizens
*Note: Leave was granted to the claimant to appeal to the Court of Appeal under the name of Yesiloz aka Aykac v London Borough of Camden. The case is likely to be heard on 30 April or 1 May 2009.

CH/4/2008 [2009] UKUT 7 (AAC)
Whether regulation 9(1)(e) of the Housing Benefit Regulations 2006 applies to a discretionary beneficiary of a trust in the absence of the exercise of a power of appointment

CH/758/2008 [2008] UKUT 30(AAC)
Whether drawings from capital of a partnership is income

CH/1895/2008 [2008] UKUT 26 (AAC)
Dwelling may consist of two tenancies on different properties

CSI/541/2008 [2009] UKUT 39 (AAC)
Transitional protection in relation to Prescribed Disease A11 permits reliance on old blanching criteria

CI/3482/2008 [2009] UKUT 41 (AAC)
Transitional protection in relation to PD A11 permits reliance on new sensory criteria

CIS/2833/2008 [2009] UKUT 2 (AAC)
Effective date of supersession of award of income-related benefit by reason of cessation of carer’s allowance for caring for partner

CJSA/4355/2006 [2009] UKUT 1 (AAC)
Capital – buying out an interest may be a step in disposing of premises – disregard only while intending to occupy premises – beach hut was personal possession – valuation of licence to keep a beach hut on site

CJSA/4053/2007 [2008] UKUT 41 (AAC)
Remunerative work – self- employed claimant having had a long period without work – whether engaged in remunerative work

CP/2611/2007 [2008] UKUT 33 (AAC)
Additional pension – whether guaranteed minimum pension to be deducted from total additional pension or only from the additional pension attributable to contracted-out employment

CPC/2038/2008 [2009] UKUT 13 (AAC)
Housing costs – separate sleeping accommodation for children of different sexes – timing of loan

CPC/3379/2008 [2008] UKUT 34 (AAC)
Severe disability premium – claimant confined to her bedroom through disability – whether claimant normally residing with her son

*CTC/2608/2008 [2009] UKUT 24 (AAC)
Child tax credit may not be split – there is no discrimination given aim is to relieve child poverty
*Note: Permission was granted to the claimant by the Judge on 02.03.09 to appeal to the Court of Appeal under the name of HMRC v Humphreys.

M/3592/2008 [2009] Dorset Healthcare NHS Foundation Trust v MH UKUT 4 (AAC)
The Upper Tribunal has jurisdiction to hear appeal against disclosure order – objecting to disclosure on grounds of confidentiality – precedential status of Upper Tribunal decisions

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.

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