Caselaw summaries

Pension credit - right to reside – Italian national divorced from British citizen

Child benefit – whether payable under EU co-ordination rules for a step-child in another member state – under Article 67 of EC Regulation 883/2004, family benefits are payable to family members residing in another member state – but since the child benefit rules do not define ‘member of the family’, the definition in Article 1(i)(2) applies – that includes ‘minor children’, but a step-child is not a minor child for the purposes of Regulation 883/04 – no entitlement to child benefit in that case

Right to reside – claimant a Portuguese national whose late wife was a Spanish national and who had a right to reside as a worker before her death

Right to reside – retained worker status due to physical constraints of late stage pregnancy – whether can apply to someone who was self-employed (as distinct from an employee) – referred to Court of Justice of the European Union

Abolition of Category B pension and inability to insist on a paper hearing – claimant lived in Canada and wanted his appeal about the abolition (by Pensions Act 2014) of the Category B pension heard on the papers – but Secretary of State requested an oral hearing and tribunal ordered one – no breach of European Convention on Human Rights (ECHR)

Employment and support allowance – awareness of everyday hazards

Tax credits (TC) – ‘two-child limit’ – not unlawful

Supersession to award severe disability premium – following award of personal independence payment (PIP)

Personal independence payment (PIP) - washing and bathing – ability to wash body between shoulder and waist – comparison with general population

Employment and support allowance (ESA) - exceptional circumstances – substantial risk – possible risk from requirement to seek work and sanctions