Caselaw summaries

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

State pension – backdating – not possible to backdate after decision applying choice to claim from a later date

State pension – backdating – not possible to backdate after decision applying choice to claim from a later date

Adult disability payment (ADP) – mobility activity 1 (planning and following journey) – descriptor 1f (‘cannot follow the route of a familiar journey without another person...’)

Personal independence payment Activity 4 (washing and bathing): the test is of the physical or mental ability to wash and bathe, not of quality of the result of washing and bathing

Adult disability payment – tribunal making award erred in failing to apply the ‘required period condition’ in deciding the start date of the award

Adult disability payment (ADP) - need for proper evidence to support award – universal credit award is not a passport – tribunal wrongly inferred entitlement and should have gathered further evidence

New-style ESA – tribunal referred to the wrong ESA regulations – due to judicial case manager software – whether a material error

Jurisdiction – strike out of appeal against DWP ‘letter’ which did not constitute a ‘decision’