Caselaw summaries

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

Hearing in claimant’s absence – refusal to grant postponement – errors by HM Courts and Tribunals Service (HMCTS) tribunal caseworker and tribunal

Activity 7 (communicating verbally): Secretary of State concession that lip reading should not be considered a satisfactory means of carrying on a verbal communication is a correct interpretation of the law – impediments to effective verbal communication through lip reading are such that it is not to be regarded as verbal communication to an effective standard

Activity 3 (managing medication) – client needed to be accompanied to chemist by his keyworker

Personal independence payment (PIP) - mobility – Activity 1 (planning and following journeys) – need for another person regarding overwhelming psychological distress – passive presence can be sufficient