Caselaw summaries

Housing benefit (HB) - overpayment – official error – successful appeal against DWP decision

Social fund (SF) - claim made at jobcentre – date of claim

Tax credits (TC) - HMRC response to tribunal – inadequate and breach of tribunal rules

Employment and support allowance (ESA) - hearing in party’s absence – claimant requested postponement for illness – need for tribunal to explain decision to proceed

Employment and support allowance (ESA) - work-related activity – substantial risk (regulation 35 Employment and Support Allowance Regulations 2008)

Employment and support allowance (ESA) - activity 9(b) – continence – relevance of mobility problems

Income support (IS) - social fund funeral payment – whether another family member has an ‘award’ of a qualifying benefit as at the date of death

Housing benefit (HB) - benefit cap – not unlawful – UN Convention on Rights of the Child

Income support (IS) - right to reside – retained worker status – short gaps in employment and maternity allowance

Personal independence payment (PIP) - less favourable decision by First-tier Tribunal – need for caution