Caselaw summaries

DWP ‘offer’ to change decision before appeal – less favourable decision by tribunal

Issues ‘raised by the appeal’ – tribunal’s duty to consider, irrespective of submission of representative

Social fund funeral payment – a religious service was held in the UK ‘to celebrate the life’ of the deceased, but the burial took place in Zimbabwe

Tribunals – when deciding whether to make a decision on the papers rather than hold a hearing

Backdated tax credit for refugees – backdated claim may be made

Retirement pension – pay ability of increase on the basis of residence in New Zealand after claimant moved to Turkey

Finding that claimant is not a credible witness – whether that must be put to the claimant – whether there is an explicit need to refer to terms of regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013.

Tribunals – bound by decisions of the Upper Tribunal and so not free to ignore them

Work-related activity and ‘substantial risk’ – tribunal erred in failing to correct absence of a list of relevant work-related activity

Universal credit (UC) - earnings paid four-weekly – income in assessment period in which they are received