Caselaw summaries

Person subject to immigration control and derivative right to reside under European Union law – claimant with a derivative right to reside does not require leave to enter or remain and is not a person subject to immigration control – claimant a Ghanaian national who is the primary carer for her adult British national son (‘Zambrano carer’) – this right to reside applies to carers of adult British citizens as well as children

Failure to include history of claim, including that claimant had an award following an appeal – Secretary of State in breach of rule 24(4)(b) of Tribunal Rules – subsequent failure of tribunal to rectify this amounts to a breach of natural justice

Adjournment for failure to attend – ‘peremptory’ adjournment – no power for tribunal to direct that hearing must proceed when next listed

Overpayment – whether alleged breach of Equality Act duties rendered evidence inadmissible – no need for change to all decisions in history of the award

Universal credit – double payment of wages in assessment period – correct approach

Tax credits income – payments by ex-employer under an employment tribunal settlement

Personal independence payment (PIP) - supersession on ‘planned review’ – ability make an award beyond the expiry date of the original award

Night-time care needs for a child – when household closes down for the night

Hearing in claimant’s absence – refusal to grant postponement – errors by HM Courts and Tribunals Service (HMCTS) tribunal caseworker and tribunal

Decision to proceed in claimant’s absence – to be made by tribunal as a whole rather than just by the judge