Caselaw summaries

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

Competent state – disability living allowance care component – new claim by claimant habitually resident in Cyprus but not working – not entitled

Person subject to immigration control – Nigerian national with Irish child – reported statement of claimant’s mother and sisters undertaking to provide financial support – no evidence of a ‘maintenance undertaking’ for purpose of section 115(9) and (1) of the Immigration and Asylum Act 1999

Child tax credit – whether child/young person is in education – if at school or college, no requirement for that school or college to be registered

Disability benefits – past presence test – European nationals and ‘genuine and sufficient link’ to UK