Caselaw summaries

Adult disability payment – award made by First-tier Tribunal included points for daily living descriptors 8(c) and 10(b) and mobility 1(d) in light of claimant’s attendance at a special needs secondary school and ‘struggles with reading and writing’

Universal credit awarded under ‘Trust and Protect’ – later failure to reverify identity not in itself a ground for terminating award – inadequate Secretary of State submissions and tribunal approach

Evidence – tribunal erred by failing to adjourn paper ‘hearing’ to an oral hearing to allow the claimant a chance to respond to its doubts about his credibility

Warning of intention to make less favourable decision – general warning insufficient

Employment and support allowance (ESA) - temporary absence – ‘solely in connection with treatment’ – absent at family home in Spain for exposure to sunlight

Tribunal’s use of information from a website – error to do so selectively and without giving the claimant a chance to comment

Carer’s allowance – treatment of variable term-time earnings

Severe disability premium – entitlement lost as carer was in receipt of carer’s allowance (CA)

Bereavement payment and bereavement allowance – refusal to surviving member of unmarried couple without children – not unlawful

Universal credit (UC) - temporary absence – one-month temporary absence to be disregarded until assessment period in which it exceeds one month