Caselaw summaries

Competent state – disability living allowance (DLA) care component

Housing benefit (HB) - right to reside – genuine and effective work – ‘minimum earnings threshold’ is guidance not law and must be applied accurately

Hearing in claimant’s absence – following refusal by tribunal caseworker at HM Courts and Tribunals Service – hearing went ahead before the expiry of the 14-day period allowed under the tribunal procedure rules for requesting that a judge consider afresh the caseworker’s decision – error of law – tribunal case management decisions cannot lawfully deprive a party of a right

Housing benefit (HB) - overpayment – need for documentation sufficient to determine claimant’s liability to repay

Claimant considered unreliable witness – whether tribunal obliged to put that to the claimant

Work capability assessment – Activity 9 (absence or loss of control while conscious)

‘Offer’ made to claimant by tribunal at outset of hearing – principles and good practice for sharing of preliminary view of tribunal

Disability living allowance (DLA) to personal independence payment (PIP) transitional rules – not unlawful

Tribunals – tribunal noted that claimant was having difficulty in the hearing and seemed distressed – told claimant it did not wish to prolong the hearing and would not be asked any more questions

‘bedroom tax’ – application to ‘gypsy traveller’ living in three-bedroom chalet on site converted by council from caravan and mobile home site