HM Courts & Tribunals Service (HMCTS) with effect from 1 April 2011

Highlighted decisions February 2012

Great Britain and Northern Ireland decisions highlighted by the Editorial Board in February 2012

European Union law

NG v Secretary of State for Work and Pensions (DLA) [2012] UKUT 26 (AAC)
CDLA/2002/2006
European Union law. Final decision on non-exportability of mobility component of DLA following reference to ECJ in Bartlett, Gonzalez Ramos and Taylor v Secretary of State for Work and Pensions (Case C-537/09)– mobility component is a special non-contributory benefit under Regulation No 1408/71 and not exportable. No further questions to be referred..

Housing benefit – liability

Wychavon District Council v EM (HB) [2012] UKUT 12 (AAC)
CH/171/2011
Review under section 10 of the 2007 Act and rules 45 and 46 of the UT Procedure Rules of [2011] UKUT 144 (AAC) re liability for rent (130(1)(a) of SSCBA 1992). Accommodation a necessary and therefore claimant liable to pay a reasonable sum in respect of it (s.7 of the Mental Capacity Act 2005)

Tribunal procedure and practice

GR v Secretary of State for Work and Pensions (ESA) [2012] UKUT 25 (AAC)
CE/725/2011
Adequacy of reasons in work capability assessment cases – need for First-tier Tribunal to engage with the activities and descriptors