Caselaw summaries

Tax credits – appeals – mandatory reconsideration requirement unlawful

Housing benefit (HB) – overpayment recovery – tribunals

Universal credit (UC) - transitional SDP element – amount allowed unlawful considering TP (No.3) – Secretary of State to remedy

Employment and support allowance (ESA) – overpayment of ‘old-style’ contributory ESA for failure to disclose occupational pension

Right of appeal – following ‘LEAP’ revisions for error of law – whether tribunal can consider other aspects of decision

Tribunals – First-tier Tribunal erred in failing to include in its statement of reasons for refusing the appeal reference to claimant’s wife’s oral evidence, so leaving the claimant unable to know if it had been accepted or rejected

Universal credit (UC) - relevant or ‘waiting’ period for LCWRA element – failure to disapply where ESA lost due to reaching pension age before UC claimed – breach of human rights

Universal credit (UC) claim allowed despite SDP gateway – no possibility of treating the claim as a claim for ESA

Universal credit (UC) - prisoner – entitlement to housing element – where became a prisoner during first assessment period

Carer’s allowance (CA) – no requirement for the agreement or consent by the cared-for person to a claim being made