Caselaw summaries

Right to reside – permanent right to reside

Disability living allowance care component – low rate for attention for a ‘significant portion of the day’

Tribunals – deciding without a hearing – tribunal erred in not investigating sufficiently why (or if) claimant was precluded from attending a hearing by regular medical appointments

Daily living Activity two (taking nutrition) – claimant with difficulty swallowing food due to pain caused by throat ulcers

Tribunals – can reconsider an exercise of judgement/discretion by decision maker

Tribunals – judge and medical member discussed facts of case at paper ‘hearing’, then adjourned for further consideration at another hearing, but when that was held the panel consisted of the same judge but a different medical member - that was a breach of the rules of natural justice – reconvened tribunal should have had either same composition or a completely different one

Working tax credit (WTC) - self-employed – meaning of ‘on a commercial basis’ – limited number of financial transactions

Mobility Activity one (planning and following journeys) – wrong to restrict consideration journeys to ‘short’ journeys

Tribunals – use of interpreter

Tribunals – set-aside – after tribunal decision claimant sent in Home Office documents only just returned to him which he said could have led to a different decision