Caselaw summaries

Tribunals – breach of natural justice

Activity 3 (managing therapy or monitoring a health condition) – prescribed compression stockings are ‘therapy’ for purposes of the activity and tribunal should have considered whether any of the descriptors in it applied as a result of the claimant’s difficulties in putting on and taking off the stockings

Warning of intention to make less favourable decision – general warning insufficient

Tribunal’s use of information from a website – error to do so selectively and without giving the claimant a chance to comment

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