Caselaw summaries

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

Universal credit (UC) - transitional SDP element – ‘erosion’ – on move from specified to mainstream rented accommodation

Right to reside – retained worker status – ‘undue delay’ between work ending and date of joint claim (with partner) for universal credit (UC)

Further evidence and reasons for decision – First-tier Tribunal for Scotland – tribunal did not err in not calling for further evidence

Universal credit (UC) - ‘backdating’ – whether could reasonably have been expected to have claimed earlier – need to consider claimant’s circumstances as a whole