Caselaw summaries

Employment and support allowance (ESA) - work capability assessment – claimant with ‘hyperkinetic syndrome’ and with upper limbs often out of control

Disability living allowance (DLA) - surveillance evidence – absence of authorisation for surveillance under Regulation of Investigatory Powers Act 2000 (‘RIPA’)

Income support (IS) - right to reside - whether refusal in breach of Treaty rights or disproportionate

Housing benefit (HB) - bedroom tax – female victims of domestic violence and disabled children with overnight carer – unlawful discrimination

Personal independence payment (PIP) - evidence – DWP medical evidence not automatically preferable to the evidence of a claimant

Tax credits (TC) - working tax credit – entitlement while sick – transfer from statutory sick pay (SSP) to employment and support allowance (ESA)

Disability living allowance (DLA) - ordinary residence - where residence is not lawful - requirement is that the residence is lawful

Employment and support allowance (ESA) - refusal to supply reasons for First-tier Tribunal decision - sent by clerk to tribunal in summary form and without signature of judge

Personal independence payment (PIP) - delay in mandatory reconsideration – tribunal need to observe ‘equality of arms’

Employment and support allowance (ESA) - mental health problems – tribunal not under a duty to make reasonable adjustments under Equality Act 2010 – whether to offer a telephone hearing