Caselaw summaries

‘Salary sacrifice’ – whether earnings for income-related employment and support allowance (ESA)

Tribunals – breach of natural justice

Activity 3 (managing therapy or monitoring a health condition) – prescribed compression stockings are ‘therapy’ for purposes of the activity and tribunal should have considered whether any of the descriptors in it applied as a result of the claimant’s difficulties in putting on and taking off the stockings

Request for statement of reasons – tribunal directed appointee for the claimant to repeat the request even though it had been made on time, warned failure to comply could result in the application being struck out, and ‘gave the appearance – over 11 paragraphs – of seeking to dissuade the appointee from seeking a statement of reasons’

Capital and shares – claimant had shares in companies owned by her husband

Universal credit (UC) - capital – employment tribunal settlement – compensation for injury to feelings not ‘personal injury’ compensation

Adult disability payment – award made by First-tier Tribunal included points for daily living descriptors 8(c) and 10(b) and mobility 1(d) in light of claimant’s attendance at a special needs secondary school and ‘struggles with reading and writing’

Universal credit awarded under ‘Trust and Protect’ – later failure to reverify identity not in itself a ground for terminating award – inadequate Secretary of State submissions and tribunal approach

Warning of intention to make less favourable decision – general warning insufficient

Evidence – tribunal erred by failing to adjourn paper ‘hearing’ to an oral hearing to allow the claimant a chance to respond to its doubts about his credibility