Caselaw summaries

Overpayment and application of civil penalty – claimant was overpaid due to failure to disclose his occupational pension

Claimant with borderline learning disability – re Activity 2 (reading and understanding), ‘basic written information’ refers to very basic information, but not so basic as to be of no practical use or value

Right to reside – pre-settled status – exclusion as valid right to reside for benefit unlawful

Claims and overpayments – claimant claimed and was granted asylum using a fictitious identity (not that of any real person) and later was awarded means-tested benefit also using that fictitious identity

Child benefit – Zambrano right to reside not effective for entitlement

Disability living allowance – higher rate mobility component for severe mental impairment and behavioural problems

Mobility – where claimant has walked at an airport when undertaking a trip abroad

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 – claimant subject to an order had been made by the Court of Session under section 1 of the Vexatious Actions (Scotland) Act 1898 prohibiting the institution of legal proceedings by the claimant in a ‘court’

Universal credit (UC) - backdating – following loss of housing benefit (HB) after move to new local authority