Caselaw summaries

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’

Personal independence payment (PIP) after pension age – claimant was entitled to standard rates of daily living and mobility components

Personal independence payment (PIP) – right of appeal after LEAP [legal entitlements and administrative practice] exercise and refusal to revise

Tribunals – tribunal (in attempting to establish when the claimant had satisfied the ‘required period condition’ for personal independence payment (PIP)) had consulted with the duty district judge before making its decision

Activity 2 (taking nutrition) – claimant with anxiety, depression and post-traumatic stress disorder (PTSD), who as a result overindulged in food and had difficulty knowing when to stop eating

Tribunals – alleged ‘oppressive’ and cross-examination style’ questioning by medical member of tribunal - not accepted

Appeal outside the ‘absolute’ time limit – following a ‘LEAP’ decision refusing to revise for official error – ‘truly exceptional’ nature of right of an appeal outside the absolute time limit