Caselaw summaries

Income support (IS) - right to reside – parent gave up work in order to look after his children following social services advice that otherwise they will be taken into care

Absence from UK – ‘period not exceeding four weeks’ – calculation of period of absence

Tribunal procedure – fairness

Employment and support allowance (ESA) - failure to attend medical – ‘good cause’ – whether reasonable to expect ‘forward planning’ by the claimant

Tax credits - couples – whether married but permanently separated – need to take account of the cultural context

Personal independence payment (PIP) - failure to attend medical – wrongful lapsing and striking out of appeal following rearranged medical

Working tax credit (WTC) - self-employed – meaning of ‘on a commercial basis’ – does not mean ‘profitable’ and wrong to apply a ‘genuine and effective’ test

Employment and support allowance – student enrolled on modular course not attending course for the year due to ill health whether ‘receiving education’

Competent state – regulation (EC) 883/04 – new claim for carer’s allowance (CA) made by claimant habitually resident in Cyprus but not working – not entitled – competent state in these circumstances is the state where the claimant is habitually resident

Export of disability living allowance care component – regulation (EC) 883/04 - claimant entitled in UK moved to Finland – Secretary of State conceded that UK remained competent state and so claimant entitled to export the care component