AM v SSWP (UC) [2022] UKUT 242 (AAC); Abdul Miah (by his litigation friend Mashuq Miah) (Respondent) v SSWP [2024] EWCA Civ 186
Judgment of the Upper Tribunal three judge panel was given on 01 September 2022. The Secretary of State applied for permission to appeal to the Court of Appeal on 24 November 2022. The Upper Tribunal refused permission to appeal on 20 January 2023. The Court of Appeal dismissed an appeal by the Secretary of State against that decision on 01 March 2024. A claimant whose universal credit claim is decided before they request backdating can simply raise a request for backdating as part of a revision request and that must then be considered.
DO v Secretary of State for Work and Pensions (PIP) [2021] UKUT 161 (AAC)
This case concerned the approach a First-tier Tribunal should take in a case where the DWP had offered to revise the decision under appeal but the claimant had elected instead to continue straight to appeal. The Upper Tribunal held an FTT should treat the offer made to the claimant as its starting point and should ensure that if it was minded to award less than had been offered it would warn the claimant and possibly allow an opportunity for an adjournment.
CPAG has brought a challenge in the Upper Tribunal to HMRC's refusal to backdate payments of the disability element of child tax credit (CTC), following underpayments of benefit prior to April 2016. A decision is currently awaited.