Caselaw summaries

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

Personal independence payment (PIP) mobility descriptor 1(d) (‘cannot follow the route of a journey…’) – physical health problems and inability to use public transport

DLA – restriction regarding adults in hospital – not unlawful

Bedroom tax – whether small spare room counted as a bedroom

Universal credit (UC) - ‘closure’ of a claim – right of appeal – whether mandatory reconsideration requirement applies