Caselaw summaries

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

Medical evidence of publicly discredited assessor – to be given no weight

Activities 1 (preparing food), 2 (taking nutrition) and 3 (managing therapy or monitoring a health condition)

Tribunals – ‘protective essays’ (ie, regarding what the tribunal views the law requires for adequate reasoning) in tribunal written statements of reasons

‘Vulnerable’ adult – brain injury leading to memory problems and fatigue – need to consider giving of evidence including from representative