Caselaw summaries

‘Vulnerable’ adults and tribunals – Practice Direction of the Senior President of Tribunals requires tribunals to ‘consider how to facilitate the giving of any evidence’ by (among others) a vulnerable adult

Inadequate response to tribunal by Secretary of State – tribunal needs to act fairly towards the claimant

Personal independence payment (PIP) - mobilising – using a car – need to consider all of journey

Activity 5 (managing toilet needs or incontinence) – claimant with numbness in hands due to peripheral neuropathy

Tribunals and procedure/evidence – tribunal registrar’s powers to determine inclusion/ exclusion of papers from an appeal bundle

Mobility Activity 1 (planning and following journeys) – tribunal erred in relying on claimant’s ability to drive on a familiar route as the sole determinant of her ability to follow the route of a journey

Supersession and tribunals – must identify a ground for supersession, a ‘factual basis’ for the superseding decision and the date from which the superseding decision is effective

Evidence relating to previous disability living allowance (DLA) award – claimant needed someone to guide or supervise him outside – clearly an overlap with previous award of DLA lower rate of mobility component and tribunal should have had that before it

Personal independence payment (PIP) - failure to attend medical – wrongful lapsing and striking out of appeal following rearranged medical

Claimant considered unreliable witness – whether tribunal obliged to put that to the claimant