Caselaw summaries

Tribunals – procedural irregularities leading to set-aside

Tribunals – claimant had an appointee who attended First-tier Tribunal hearing (but neither claimant nor representative attended)

Supersession on award made by First-tier Tribunal – Secretary of State may supersede an award made by a tribunal as long as the relevant statutory grounds are made out - those grounds not limited to error of fact – contrary finding by tribunal showed ‘a misunderstanding at a very basic level of some fundamental principles on which social security operates’

Personal independence payment (PIP) Activity 9 (engaging with other people face to face)

Tribunals – set-aside of First-tier Tribunal decision - must be on the basis of an application – cannot be on basis of a request for a statement of reasons – tribunal cannot decide to set-aside on its own volition – ie, without an application

Personal independence payment (PIP) mobility component – claimant awarded enhanced rate before reaching age of 65

Personal independence payment (PIP) mobility descriptor 1(d) (‘cannot follow the route of a journey…’) – physical health problems and inability to use public transport

Disability living allowance to personal independence allowance (PIP) transfer cases

Contradictory decision notice – failure of presenting officer to attend – inadequate warning of less favourable decision

Tribunals – claimant transferred from maximum award of disability living allowance (DLA) to personal independence allowance but awarded only the standard rate of the daily living component