Caselaw summaries

Appeal rights – mandatory reconsideration for official error – notification of relevant time limit for mandatory reconsideration any ground

Effective date of increased award made by tribunal following decision on supersession – claimant awarded enhanced rate mobility component on appeal

New-style jobseeker’s allowance (JSA) - backdating – domestic emergency following death of a close relative

Transitional SDP element – high rate for a severely disabled couple on natural migration from employment and support allowance (ESA)

Commencement date for an award of adult disability payment (ADP) – claimant telephoned Social Security Scotland to make a claim and provided full name and date of birth on 13 January 2023 and supplied full application within eight weeks

Housing benefit – overpayment recovery – not recoverable from claimant’s spouse as she was never made subject to the overpayment decision

PIP mobility Activity 2 (‘Getting around’) – tribunal erred in failing to make adequate findings of fact regarding claimant’s walking ability, in particular regarding ability to walk ‘within a reasonable time period’ and ‘to an acceptable standard’

PIP daily living Activity 9 (‘Engaging with other people’) – important to take a holistic approach rather than focus on one area, such as the claimant’s employment

EU co-ordination rules – carer’s allowance where family member in receipt of a disability pension from Switzerland

Redetermination – whether properly made so as to give right of appeal against outcome