Caselaw summaries

Tribunals – whether First-tier Tribunal, in considering refusal to award the claimant personal independence payment (PIP) on transfer from high rates of both components of disability living allowance (DLA), adequately explained its decision not to adjourn to get the DLA evidence

Tribunals – procedural irregularity leading to set-aside

Video surveillance evidence – authorisation for the surveillance marked ‘for judge only’ and not seen by other members of tribunal, claimant or representative

Supersession in light of MH v SSWP (PIP) [2016] UKUT 531 (AAC)

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