Caselaw summaries

Disability living allowance (DLA) - extra test for children – learning difficulties – can include significant needs that are different from those of other children as well as needs which are substantially in excess

Pension credit (PC) - right to reside – family member of ‘worker’ – whether worker actually resident in a member state

Attendance allowance (AA) - competent state for payment of benefit – where European Union member states differ regarding who is the competent state

Employment and support allowance (ESA) - conversion from incapacity benefits to employment and support allowance decisions – not unlawful

Employment and support allowance (ESA) - official medical evidence from physiotherapist – not automatically to be regarded as of no probative value in a mental health case

Retirement pension (SRP - (Category D) – past presence test – residence in Gibraltar

Housing benefit (HB) - ‘bedroom tax’ – meaning of ‘bedroom’ – use of floor areas as determinative test

Employment and support allowance (ESA) - mobilising – whether test of repeated mobilising is on level ground – Access To Work scheme and wheelchairs

Child benefit (CHB) - failure to disclose – where instructions qualified by someone with authority to do so – no failure

Right to reside and benefit entitlement - equal treatment- 'economically inactive' persons without sufficient resources