Child Benefit and Guardian's Allowance: Upper Tribunal decisions
In this section you will find decisions relating to child benefit and guardian’s allowance.
Any new cases will be highlighted in our news section.
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CF/1195/2011 – Whether HMRC and tribunal right to assume that 16 year old, who had gone to stay with boyfriend, was living with him 'as if they were spouses'.
- CF/395/2010 – Whether DWP officer had authority to pass on change of circumstances to HMRC / claimant's continuing duty to disclose.
- CIS/928/2009 – Misrepresentation / whether claimant 'receiving' child benefit.
- CF/84/2009 – Considers the date of claim in cases where refugee status has been granted.
- CIS/2457/2008 – Loss of child benefit / effect on income support personal allowances.
- CF/2871/2007 – also R(F) 1/08 - Considers the definition of ‘parent’ in cases involving a residence order.
- CF/2826/2007 – The case examines the priority rules in child benefit when competing claims are made.
- CF/2266/2007 – also AACR 2010 – Consideration of the residence and presence conditions in child benefit and the meaning of ‘employed’ and ‘self-employed’ in EEC 1408/71.
- CF/1968/2007 – Considers whether child benefit is payable to a Crown Servant based overseas.
- CF/1863/2007 – Consideration of right to reside and definition of a ‘family member’ under EEA Regulations.
- CF/2311/2006 – This case looked at failure to disclose and misrepresentation in a situation involving a child in Local Authority care.
- CF/1727/2006 – Considers right to child benefit under European Law where employment status needs to be determined.
- CF/741/2006 – An appeal regarding failure to disclose a material fact in a situation where the appeal tribunal lost the record of proceedings.
- CF/699/2005 – Considers failure to disclose in cases where the claimant states they were unaware of the material fact.
- CF/2735/2003 – A Guardian’s Allowance case which considers the requirement in legislation to show that all reasonable efforts to trace the other parent have failed.
- CF/1771/2003 – Considers the rights of a Father to child benefit during a period which it was paid or payable to the Mother.
- CF/3348/2002 – Whether child benefit already paid to a Father should be reclaimed by the Secretary of State and paid to the Mother instead.
- CF/3565/2001 – Considers whether the claimants rights under the Human Rights Act were breached by recognition of education for child benefit purposes.
- CF/667/1997 – Whether a claimant is employed or self-employed under EEC 1408/71.
- CF/5791/1997 – Whether persons subject to immigration control are entitled to child benefit under transitional provisions.
- CF/3110/1995 – Considers the presence condition and entitlement under EEC 1407/81.
- CF/1015/1995 – Considers whether a separate child benefit claim is required for each child.
- CF/24/1994 – Considers the effect of Secretary of State’s certificates on claim for children educated at home.
- CF/9/1994 – Considers the rate of payment in cases involving twins.
- CF/19/1994 – Whether parents of a severely disabled child can claim child benefit during periods of institutional residence.
- CF/25/1994 – Considers child benefit where the child is ‘boarded out’.
- CF/12/1994 – Whether a child following a correspondence course was in full time education for child benefit purposes.
- CF/9/1991 – Whether a child receiving individual tuition was in full time education, specifically whether the study was ‘supervised’.
- CSF/5/89 – Whether child benefit can be paid if a child is ‘boarded out’ under children in care regulations.
Updated 20 April 2012