Caselaw summaries

First-tier Tribunal for Scotland – adequacy of reasons

Evidence – fairness – use of ‘closed questions’ to claimant

Disability living allowance (DLA) - severe mental impairment route to high-rate mobility component – ADHD capable of being ‘arrested development or incomplete physical development of the brain’

Tribunals – audio of tribunal hearing indicated it lasted for 16 minutes and tribunal spent just over four minutes dealing with claimant’s arguments for the daily living activities

Universal credit (UC) - transitional SDP element – ‘erosion’ – on carer becoming entitled to LCWRA element

Child disability payment (CDP) - care component – attention – ‘significant portion of the day’ and ‘frequent attention throughout the day’ not mutually exclusive

Carer’s allowance – backdating after award of a qualifying benefit

Second claim while appeal pending – original claim refused and under appeal when second claim was made and refused

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