Caselaw summaries

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

National insurance credits for unemployment – late claim by claimant not entitled to jobseeker’s allowance (JSA) – claim for 2017/18 tax year made in 2021

Child benefit - backdating for refugee – whether claim made in time – where claimant told had to apply for a biometric residence permit

Late appeal – exception to usual ‘absolute’ time limit – failure to exercise discretion

Deductions for utility debt – need to seek representations/information from claimant