Caselaw summaries

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

‘Offer’ made to claimant by tribunal at outset of hearing – principles and good practice for sharing of preliminary view of tribunal

Disability living allowance (DLA) to personal independence payment (PIP) transitional rules – not unlawful

Tribunals – tribunal noted that claimant was having difficulty in the hearing and seemed distressed – told claimant it did not wish to prolong the hearing and would not be asked any more questions

A claimant may bring an appeal even if s/he is only challenging the decision to fix a term or is only challenging the length of the award