Caselaw summaries

Universal credit (UC) – ‘substantial risk’ rule and LCWRA 

Carer’s allowance – overpayment recoverability – earnings over allowable limited limit reported but not acted upon – overpayment not caused by failure to disclose subsequent increases in the earnings

Housing benefit – overpayment – inadequate local authority information to claimant amounted to official error as the cause of the overpayment – claimant could not reasonably have been expected to have realised there was an overpayment

Employment and support allowance (ESA) – temporary absence and ESA – ‘solely in connection with medical treatment’ – claimant fell ill while abroad

Supersession – income support 

Housing benefit – ‘owner’ as a tenant in common

Universal credit (UC) – carer element – joint claim – entitled to the carer element as well as the limited capability for work-related activity (LCWRA) element

Housing benefit (HB) - ‘contrived’ tenancies

European Union (EU) co-ordination rules – carer’s allowance for a dual British/Swedish national in receipt of a pension from Sweden

Universal credit – date of claim – claimant telephoned the DWP’s UC Helpline in order to claim, but was wrongly told he had to wait three months