Caselaw summaries

2023 consultation on work capability assessment reform – so unfair as to be unlawful

Universal credit – deductions for rent arrears and direct payment to landlord – unlawful without prior chance for claimant to make representations

Bereavement support payment – entitlement where claimant was a cohabiting partner with dependent children, introduced by the Bereavement Benefits (Remedial) Order 2023

Universal credit (UC) - LCWRA element – three-month relevant period – period can be started by self-certification in online journal

Tax credits – claimant had appealed regarding entitlement in 2017/18 and 2018/19 tax years

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

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

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

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