Caselaw summaries

Moroccan national living and working in UK who is a ‘Zambrano carer’ – though excluded from benefit entitlement under national law, is nevertheless entitled to benefit via exemption from discrimination based on nationality under Article 65 of the Euro-Mediterranean Agreement between the European Communities and the Kingdom of Morocco – agreements also exist between the European Union and a number of states in the Middle East and North Africa and their provisions may need consideration in benefit cases

‘Nil award’ decision made in-year – HM Revenue and Customs (HMRC) computer system cannot implement an in-year decision (under section 16 of the Tax Credits Act 2002) that claimant not entitled and instead makes an award for just the first day of the tax year

Capital – value of part share in a jointly owned property

Universal credit sanction – failure to attend a work-focused interview

Separated parents and disputed child benefit – ‘systemic ignorance’ at HMRC and ‘shambolic’ handling by tribunal

Tax credits - living together as husband and wife – need for adequate findings of fact

Housing benefit for a continuous cruiser licence allowing claimant to cruise and moor overnight – not entitled

Housing benefit - refusal to provide bank account details – no power to supersede and terminate award

Personal independence payment (PIP) – evidence of employment and support allowance (ESA) award put in evidence

Retirement pension – male to female transsexual – refusal of pension at age 60 unlawful