Caselaw summaries

Finality of decisions – Upper Tribunal decision in this case of 2010 had not been challenged further to Court of Appeal

Right to reside – pre-settled status – refusal of UC may violate right to live in dignified conditions

‘Backdating’ – implied claim for backdating in original claim

Disabled students and universal credit – 2020 amendments not unlawful

Use of the ‘sometimes’ tick-box answer on PIP2 claim form – tribunal erred in taking claimant’s ticking of that box as proof that he could perform them on most days

Night-time care needs of child – tribunal failed to put its views on adjustments which could reduce care needs to claimant

Appeal to Upper Tribunal – the First-tier Tribunal decision, having been found to have erred in law (on the ground of inadequate reasons for refusal of appeal, given that previous appeal was successful), not necessary for the Upper Tribunal to address the appellant’s remaining grounds of appeal, despite request that they be addressed

Universal credit (UC) – treatment of maternity allowance as unearned rather than earned income not unlawful

Activity 2 (taking nutrition) – applying definition of ‘take nutrition’, tribunal considered that meant that to score points under 2(b) other than for a need to use an aid or appliance, the claimant had to show an inability to cut food into pieces without an aid or appliance, and an inability to convey food and drink to the mouth without an aid or appliance, and an inability to chew without an aid or appliance, and an inability to swallow without an aid or an appliance

Industrial injuries disablement benefit – prescribed disease PD D7 Occupational asthma