Caselaw summaries

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)

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