Caselaw summaries

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

Person subject to immigration control and derivative right to reside under European Union law – claimant with a derivative right to reside does not require leave to enter or remain and is not a person subject to immigration control – claimant a Ghanaian national who is the primary carer for her adult British national son (‘Zambrano carer’) – this right to reside applies to carers of adult British citizens as well as children

Failure to include history of claim, including that claimant had an award following an appeal – Secretary of State in breach of rule 24(4)(b) of Tribunal Rules – subsequent failure of tribunal to rectify this amounts to a breach of natural justice

Adjournment for failure to attend – ‘peremptory’ adjournment – no power for tribunal to direct that hearing must proceed when next listed

Personal independence payment (PIP) - supersession on ‘planned review’ – ability make an award beyond the expiry date of the original award