Caselaw summaries

‘Natural’ migration to universal credit – lack of transitional protection for severely disabled claimants who move house – unlawful

Employment and support allowance (ESA) - exceptional circumstances – substantial risk – reduction of risk by reasonable adjustment

Right to reside – genuine prospect of work test (GPOW) – still applies to a claimant on the government New Enterprise Allowance scheme, but participation in scheme is a relevant consideration in whether claimant has GPOW – Secretary of State concession that claimant had GPOW while on scheme accepted

Personal independence payment (PIP) - activity 7 (communicating verbally) – lip reading

Duty to provide tribunal with relevant documents – obligations on tribunal to address failure by respondent

Employment and support allowance (ESA) - personal independence payment decision as evidence – consideration of adjournment

Bedroom tax – room designated as bedroom but used as a living room – actual use irrelevant

Right to reside – whether a family member via dependence on daughter

Jobseeker’s allowance (JSA) - jobseeker’s agreement – claimant refusal to agree variation

Personal independence payment (PIP) - student with autism – taking nutrition (Activity 2) and making budgeting decisions (Activity 10)