Caselaw summaries

Carer’s allowance – treatment of variable term-time earnings

Severe disability premium – entitlement lost as carer was in receipt of carer’s allowance (CA)

Bereavement payment and bereavement allowance – refusal to surviving member of unmarried couple without children – not unlawful

Universal credit (UC) - temporary absence – one-month temporary absence to be disregarded until assessment period in which it exceeds one month

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