Caselaw summaries

Housing benefit – overpayment recovery – not recoverable from claimant’s spouse as she was never made subject to the overpayment decision

PIP mobility Activity 2 (‘Getting around’) – tribunal erred in failing to make adequate findings of fact regarding claimant’s walking ability, in particular regarding ability to walk ‘within a reasonable time period’ and ‘to an acceptable standard’

PIP daily living Activity 9 (‘Engaging with other people’) – important to take a holistic approach rather than focus on one area, such as the claimant’s employment

EU co-ordination rules – carer’s allowance where family member in receipt of a disability pension from Switzerland

Redetermination – whether properly made so as to give right of appeal against outcome

Universal credit – entitlement while receiving education

Right to reside – self-sufficiency – reliance on means-tested benefits paid to partner

Personal independence payment (PIP) – chronic fatigue syndrome (CFS) and ability to cook a simple meal from fresh ingredients in the evening

Universal credit (UC) - right to reside – domestic abuse – breach of human rights

PIP – young person with primary ciliary dyskinesia (PSD, a rare inherited lung disorder) previously entitled to low rate care component disability living allowance refused personal independence payment on transfer