Caselaw

Caselaw relating to UK and Scotland

upper tribunal

“Fit for work” overturned: tribunal must consider travel and actual support

Appeal No. UA‑2025‑001412‑ULCW The decision of the First-tier Tribunal made on 20 March 2025 under case number SC944/24/00825 was made in error of law. Use in practice Bottom line:👉 Decision makers must explain how the claimant would actually manage work in practice, including travel and support. RB v Secretary of State for Work and Pensions […]

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upper tribunal

Upper Tribunal Confirms: UC Entitlement Cannot Automatically Restart After an Absence Abroad

A recent Upper Tribunal decision, SSWP v NC (UA‑2025‑SCO‑000070‑UC), provides an important clarification for advisers supporting clients whose Universal Credit (UC) entitlement ends due to absence from Great Britain. What Happened? The claimant had been receiving UC since 2019. Her appointee notified DWP that she would be abroad for just over a month, from 13

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upper tribunal scotland

ADP Case Collapses from Exhaustion After Tribunal Ignores Fatigue

Below is a detailed briefing note for advisers on UTS/AS/25/0130 — GM v Social Security Scotland [2026] UT 11, written in a professional format suitable for internal welfare rights use. Briefing Note for Advisers GM v Social Security Scotland [2026] UT 11 Reference: UTS/AS/25/0130Decision Date: 26 January 2026 1. Overview of the Decision The Upper

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legislation

Upper Tribunal Clarifies the Role of Employment Evidence in PIP – SS v SSWP (UA‑2025‑000375‑PIP)

A new Upper Tribunal decision has provided important clarification on how First‑tier Tribunals should approach evidence relating to claimants’ employment when determining Personal Independence Payment (PIP) entitlement. The case SS v Secretary of State for Work and Pensions (PIP), published on 27 January 2026, highlights serious errors in the way the tribunal balanced employment evidence

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upper tribunal

Caselaw: Commercial Tenancy Test for UC Housing Cost

Whether a tenancy was “commercial” for the purposes of calculating the housing costs element in a Universal Credit claim. DB v The Secretary of State for Work and Pensions Decision Date: 18 October 2025 Issue: Whether a tenancy was “commercial” for the purposes of calculating the housing costs element in a Universal Credit claim. Key

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upper tribunal

Upper Tribunal says: assess real-life, not just work fatigue.

PIP case law can help interpret ADP decisions since many descriptors are similar. But ADP is governed by Scottish law, so tribunals aren’t bound by PIP rulings. It’s guidance, not gospel. EW v SSWP [2025] UKUT 307 (AAC) – The Upper Tribunal overturned a PIP decision, ruling that the First-tier Tribunal wrongly dismissed EW’s fatigue

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