Caselaw summaries

Disability living allowance (DLA) - hearing in party’s absence – claimant requested questioning by telephone – sensitive witness and Practice Direction

Personal independence payment (PIP) - activity 6: dressing and undressing – what clothes are considered – application of regulation 4(2A)

Work capability assessment support group membership – Activity 16 of Schedule 3 to the Employment and Support Allowance Regulations 2008, SI No.794: ‘cannot chew or swallow food or drink’

Foster carers – not entitled while child not ‘placed’ with them within meaning of Children Act 1989

Employment and support allowance (ESA) - impermissible medical examination – claimant asked to roll-up trouser leg

Personal independence payment (PIP) - activity 1 (preparing food) – walking stick or stool can be an ‘aid or appliance’ – tribunal’s need to put claimant on notice regarding removal of points

Personal independence payment (PIP) - activity 3 (managing therapy) – assistance setting up TENS machine counts

Activity 9 (continence) – a bucket is not an ‘aid or adaptation’ – mobility problems are relevant only where the claimant also has a continence problem

Income support (IS) - mortgage interest payments – deferred sale agreements imposed by court order in divorce proceedings

Working tax credit (WTC) – disabled worker element and 16-hour work requirement