Caselaw summaries

Employment and support allowance (ESA) - ‘work’ – claimant engaged in criminal activity (buying and selling stolen bikes) was ‘working’ for purpose of ESA rule

Tribunals – composition - First-tier Tribunal hearing a personal independence payment (PIP) appeal erred in considering it could do so without a disability qualified member (and so be a two- rather than three-member panel) because the tribunal procedure rules did not prevent it

Child element of universal credit – not a ‘family benefit’ for main European co-ordination rules

Adult disability payment – First-tier Tribunal made an award of the daily living component based mainly on the effects of the claimant’s hernia

Housing benefit (HB) - passporting on basis of universal credit (UC) entitlement – no passporting for a ‘nil award’ of UC – no such thing as a nil award of or nil entitlement to UC

European Union co-ordination rules – Withdrawal Agreement provides that Regulation (EC) 883/2004 continues to apply

Evidence – tribunal need to ensure they consider all relevant evidence when assessing credibility of claimant’s evidence

Funeral support payment – late claim – application of social security principles in Social Security (Scotland) Act 2018

Evidence – ‘blanket refusal’ to consider evidence post-dated date of decision under appeal is wrong

‘Backdating’ of UC – request for backdating not required to be made before initial decision