Caselaw summaries

Personal independence payment (PIP) - mobility component – descriptor 1(d): ‘Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid'

Employment and support allowance (ESA) - conversion from incapacity benefits to ESA decisions – official error not to consider making an award of income-related ESA as well as contributory ESA

Disability living allowance (DLA) - hearing in party’s absence – claimant requested questioning by telephone – sensitive witness and Practice Direction

Personal independence payment (PIP) - activity 6: dressing and undressing – what clothes are considered – application of regulation 4(2A)

Work capability assessment support group membership – Activity 16 of Schedule 3 to the Employment and Support Allowance Regulations 2008, SI No.794: ‘cannot chew or swallow food or drink’

Foster carers – not entitled while child not ‘placed’ with them within meaning of Children Act 1989

Employment and support allowance (ESA) - impermissible medical examination – claimant asked to roll-up trouser leg

Personal independence payment (PIP) - activity 1 (preparing food) – walking stick or stool can be an ‘aid or appliance’ – tribunal’s need to put claimant on notice regarding removal of points

Personal independence payment (PIP) - activity 3 (managing therapy) – assistance setting up TENS machine counts

Activity 9 (continence) – a bucket is not an ‘aid or adaptation’ – mobility problems are relevant only where the claimant also has a continence problem