Scottish tribunal failed to provide adequate reasons for selecting ADP mobility descriptor that applied to unfamiliar as opposed to familiar journeys
KK v Social Security Scotland Here are the main points from the decision document:
Caselaw
Caselaw relating to UK and Scotland
The assessment of mobility for ADP should not rely solely on a single clinical test result.
RC v Social Security Scotland[2025] UT 32UTS/AS/24/0135 The Upper Tribunal for Scotland addressed the appeal of a claimant regarding the assessment of mobility for adult disability payment. The tribunal found
Upper Tribunal cautions against tribunals using ‘closed questions’ because vulnerable claimants may find it difficult to elaborate on their answers
CH v Secretary of State for Work and Pensions: Judicial Summary This appeal concerns procedural fairness and the approach that the Tribunal should take to the way in which it
Personal Independence Payment (PIP) — Activity 2 Taking Nutrition
Kate Smith explores case law on Personal Independence Payment (PIP) Activity 2 — Taking Nutrition to see who can meet the point scoring descriptors. To qualify for the daily living
Personal Independence Payment (PIP) — Activity 2 Taking Nutrition Read More »
RM against Social Security Scotland – ‘adequacy of reasons’
Case Overview Background First-tier Tribunal Decision Grounds for Appeal Upper Tribunal Decision Legal Points www.bailii.org/scot/cases/ScotUT/2025/2025ut18.html
RM against Social Security Scotland – ‘adequacy of reasons’ Read More »
Correct approach for determining whether a UC claim should be disallowed due to failure to prove identity following the Upper Tribunal’s decision in PHC v SSWP
DMG memo 03/25 & ADM memo 03/25: Identity of Claimants and Children – Effect of Upper TribunalDecision. . These memo’s gives guidance on the decision of the UT in PHC v SSWP
Universal Credit rent deductions scheme declared unlawful by High Court
In R (Roberts) v Secretary of State for Work and Pensions [2025] EWHC 51 (Admin) (16 January 2025) the High Court (Fordham J) decides that the Government’s policy on making deductions from
Universal Credit rent deductions scheme declared unlawful by High Court Read More »
Social Security Scotland’s failure to follow usual practice of passing details of a rep to the FTS was a material procedural irregularity that justified ‘quashing’ tribunal’s decision
JA v Social Security Scotland In a recent case, Social Security Scotland failed to provide the First-tier Tribunal (FTT) with the contact details of a claimant’s representative, deviating from their
Procedural fairness in tribunal hearings – LK v Social Security Scotland
UTS/AS/24/0052 involves a tribunal error in law. Background The case revolves around a claimant who was given a 579-page appeal bundle the day before a telephone hearing. The tribunal failed
Procedural fairness in tribunal hearings – LK v Social Security Scotland Read More »
Caselaw: Erosion of disabled carer’s TSDPE due to addition of LCWRA element and removal of carer element
Published on 11 February 2025 Secretary of State for Work and Pensions v MJ [2025] UKUT 035 (AAC) This is a challenge to the policy of the Secretary of State