Caselaw summaries

Personal independence payment (PIP) – tribunals – irrelevant questioning and perceived bias

Personal independence payment – client had autism spectrum disorder, schizotypal personality disorder and hyperacusis (noise sensitivity)

Employment and support allowance (ESA) – overpayments of new-style employment and support allowance (ESA)

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