Caselaw summaries

Personal independence payment (PIP) – evidence – can be relevant even though it post-dates the decision under appeal – medical evidence which does not specifically address the personal independence payment (PIP) descriptors should not automatically be accorded less weight – failure to put to the claimant adverse observations at the hearing

Adult disability payment (ADP) – daily living activity 1 (‘preparing food’) and activity 3 (‘managing therapy or monitoring a health condition’)

Adult disability payment (ADP) – tribunal erred in not providing adequate findings or reasons for not adopting the submission of Social Security Scotland (SSS) to the tribunal

Universal credit (UC) - ‘substantial risk’ – limited capability for work-related activity

Changes to winter fuel payment entitlement in 2024/25 – not unlawful

Tribunals – jurisdiction of Upper Tribunal for Scotland – new disputes raised by a respondent

Personal independence payment (PIP) – tribunals – tribunal decision set aside and remitted to new tribunal as (on balance of probabilities) the decision maker had failed to issue the appeal bundle to the appellant and their representative

State pension – backdating – not possible to backdate after decision applying choice to claim from a later date

State pension – backdating – not possible to backdate after decision applying choice to claim from a later date

Adult disability payment (ADP) – mobility activity 1 (planning and following journey) – descriptor 1f (‘cannot follow the route of a familiar journey without another person...’)