Caselaw summaries

Tribunals – procedural irregularities leading to set-aside

Two-child limit – not unlawful

Income support (IS) - right to reside – parent gave up work in order to look after his children following social services advice that otherwise they will be taken into care

Absence from UK – ‘period not exceeding four weeks’ – calculation of period of absence

Tribunal procedure – fairness

Employment and support allowance (ESA) - failure to attend medical – ‘good cause’ – whether reasonable to expect ‘forward planning’ by the claimant

Tax credits - couples – whether married but permanently separated – need to take account of the cultural context

Personal independence payment (PIP) - failure to attend medical – wrongful lapsing and striking out of appeal following rearranged medical

Working tax credit (WTC) - self-employed – meaning of ‘on a commercial basis’ – does not mean ‘profitable’ and wrong to apply a ‘genuine and effective’ test

Employment and support allowance – student enrolled on modular course not attending course for the year due to ill health whether ‘receiving education’