Caselaw summaries

Tribunals – per section 12(8)(b) of the Social Security Act 1998, a tribunal may not take into account circumstances ‘not obtaining at the time when the decision appealed against was made’

Tribunals – matters not raised by appeal and failure to give sufficient warning of less favourable decision

Tribunals – incomplete audio recording of hearing – set-aside for material procedural irregularity

Tribunals – right of appeal – ‘any time’ revisions – ‘official error’ ground

Tribunals – risks of drawing inferences from the medical treatment that a claimant has (or has not) received), and from fact claimant had not been issued with aids and appliances

Tribunals – claimant with physical injury and dizziness – tribunal erred in not weighing claimant’s evidence and not making clear findings of fact, but instead in rejecting the appeal having strayed into speculating about whether the claimant’s needs actually arose from choice and ‘traditional roles’ in the claimant’s family, a matter on which it heard no evidence

Tribunals – claimant with ADHD and dyslexia – tribunal erred in proceeding with a telephone hearing without considering whether that was fair and whether reasonable adjustments, including allowing his mother to assist him, could be made

PIP – claimant with ASD, ADHD and PTSD – tribunal erred in basing finding that claimant’s fatigue did not result from a health condition on fact that claimant was able motivate herself to work for 37.5 hours a week

Personal independence payment – activity 9 (engaging with other people face to face)

Personal independence payment – claims