Caselaw summaries

Personal independence payment (PIP) – mobility activity 1 (planning and following journeys) – ‘acceptable standard’ requirements apply to all the descriptors – descriptor (e) to be considered after descriptor (f)

Tribunals – less favourable decision – need for tribunal to issue a clear warning before removing entitlement 

Temporary absence and ESA – ‘solely in connection with treatment’ – absent at family home in Spain for exposure to sunlight

Child benefit – competing claims – priority rules – agreement between claimants and consent order of the Family Court was not a valid joint election as to which one should be entitled

Surrogacy expenses payments and income-based jobseeker’s allowance (JSA) 

Tribunals – decision made without a hearing (ie, on the papers) – tribunal erred in failing to address why it proceeded without a hearing, and failed to consider medical evidence that may have been relevant

Universal credit – temporary absence – when no longer temporary or has exceeded the time allowed – entitlement not lost retrospectively from beginning of absence

Tribunals – per section 12(8)(b) of the Social Security Act 1998, a tribunal may not take into account circumstances ‘not obtaining at the time when the decision appealed against was made’

Tribunals – claimant with paranoid schizophrenia – daily living activity 9 (engaging with other people face to face)

Industrial injuries disablement benefit – former professional footballer with probable Alzheimer’s and chronic traumatic encephalopathy – where caused by accidents via heading the ball and episodes for concussion and being knocked out when playing