Caselaw summaries

Tribunals – claimant had an appointee who attended First-tier Tribunal hearing (but neither claimant nor representative attended)

Supersession on award made by First-tier Tribunal – Secretary of State may supersede an award made by a tribunal as long as the relevant statutory grounds are made out - those grounds not limited to error of fact – contrary finding by tribunal showed ‘a misunderstanding at a very basic level of some fundamental principles on which social security operates’

Personal independence payment (PIP) Activity 9 (engaging with other people face to face)

Widowed parents allowance – requirement to be a surviving ‘spouse’ or civil partner – unregistered Nikah ceremony did not make claimant a ‘spouse’

Tribunals – set-aside of First-tier Tribunal decision - must be on the basis of an application – cannot be on basis of a request for a statement of reasons – tribunal cannot decide to set-aside on its own volition – ie, without an application

Personal independence payment (PIP) mobility component – claimant awarded enhanced rate before reaching age of 65

Transition from legacy benefits to universal credit (UC) – legacy benefit wrongly terminated – lack of transitional protection unlawful

Tribunals – evidence in employment and support allowance appeals

‘Living in’ common travel area for three months requirement for income-based jobseeker’s allowance – not invalid under European Union law - to be given its ordinary meaning and not to be equated with habitual residence (although it is a part of the test for that)

Right to reside – pre-settled status – exclusion as a valid right to reside for benefit not unlawful