Caselaw summaries

Tribunals – composition - First-tier Tribunal hearing a personal independence payment (PIP) appeal erred in considering it could do so without a disability qualified member (and so be a two- rather than three-member panel) because the tribunal procedure rules did not prevent it

European Union co-ordination rules – Withdrawal Agreement provides that Regulation (EC) 883/2004 continues to apply

Evidence – tribunal need to ensure they consider all relevant evidence when assessing credibility of claimant’s evidence

Evidence – ‘blanket refusal’ to consider evidence post-dated date of decision under appeal is wrong

Right of appeal – following ‘LEAP’ revisions for error of law – whether tribunal can consider other aspects of decision

Adult disability payment – evidence and oral hearing – use of PIP caselaw

Personal independence payment (PIP) - past presence test – inability to return to UK due to illness – no catch-all exception to the test

Court of Appeal – jurisdiction to consider an appeal against Upper Tribunal’s refusal to set aside its earlier refusal to grant permission to appeal

Personal independence payment (PIP) - supersessions – effective date of supersession and finality of decisions – ‘decision-based system of adjudication’

Personal independence payment (PIP) - ‘learning disability’ – error in treating it as synonymous with ‘learning difficulty’