hi ...

we've been busy publishing summaries of some older cmmr / upper tribunal decisions to briefcase ..... (which means we now have more than 1,000 summaries available !)

... however, as they don't appear in the 'latest summaries added' list on the main briefcase page, wanted to alert you to them here ....

... happy weekend reading !!

cheers shawn

• CDLA/1461/2008 - Overpayment / whether grounds for revision or supersession
  
• CDLA/1984/2008 - Cooking test / relevance of lack of senses of smell or taste
  
• CDLA/2300/2008 - Failure to consider need for 'frequent attention' / need for tribunal to give adequate explanation where benefit reduced following renewal claim
  
• CDLA/2955/2008 - Severe behavioural problems / presence of supervisor preventing need for intervention
  

• CG/1239/2008 - Carer's allowance / calculation of income / how holiday pay should be attributed to particular weeks
  

• CH/1672/2007 - Assessment of income / payment of part of occupational pension to separated spouse under High Court order
  
• CH/2583/2007 - Lack of evidence as to date eligibility ceased
  
• CH/3160/2007 - R(H) 3/09 - Liability for overpayment where benefit paid to landlord / whether change to HB regulation 101(2) retrospective
  
• CH/3935/2007- Non-dependant deduction / whether claimant's daughter was normally residing with her
  
• CH/4262/2007 - Tribunal's case management powers / duty of local authority to follow directions
  
• CH/51/2008 - R(H) 2/09 - Whether 'gross income' should be calculated on basis of amount of incapacity benefit paid after deduction of amount in respect of occupational pension
  
• CH/765/2008 - Paying benefit to landlord when payment already made to claimant for same period
  
• CH/758/2008 - Whether drawings from business not in profit should be taken into account as income other than earnings
  
• CH/1330/2008 - Claimant without a 'place of employment' / whether travel from home an expense wholly, exclusively and necessarily incurred in the performance of claimant's duties
  
• CH/1973/2008 - Claimant responsible for landlord's child / ownership of property transferred without claimant's knowledge
  
• CH/1895/2008 - Dwelling occupied as the home / claimant with two tenancies on different properties
  
• CH/1909/2008 - Overpayment / whether claimant could have reasonably realised that she was being overpaid
  
• CH/2353/2008 - Overpayment / whether claimant could reasonably have known that she was being overpaid
  
• CH/2367/2008 - Capital / valuation of property / need to give parties to appeal opportunity to make representations
  

• CSIB/495/2008 - PCA descriptor 18(a): 'Cannot look after himself without help from others'
  

• CIS/1837/2006 - Need to determine whether claimant had a right to reside
  
• CIS/868/2008 - Right to reside as a workseeker / claimant had done voluntary work but not paid work
  
• CIS/2074/2008 - Cohabitation / tribunal's failure to ask whether sexual relationship existed
  
• CIS/2287/2008 - Capital / application of Leeves v Chief Adjudication Officer (R(IS) 5/99) / inferences as to diminishing actual capital
  
• CIS/2457/2008 - Loss of child benefit / effect on income support personal allowances
  
• CIS/2635/2008 - Whether grant of indefinite leave to remain is retrospective
  

• CJSA/1556/2007 - Restraint order / whether sums allowed to claimant for living expenses should be treated as income
  
• CJSA/3583/2007 - Overpayment / whether silence can amount to misrepresentation / evidence covered by legal professional privilege
  
• CJSA/825/2008 - Right to reside / need for tribunal to make clear findings / matters obtaining at date of decision
  

• CP/4205/2006 - Determination of disputes relating to a claimant's national insurance contribution record
  
• CP/2611/2007 - Whether guaranteed minimum pension should be deducted from claimant's total additional pension
  

• CSPC/677/2007 - Whether member of a religious order 'fully maintained' by that order
  
• CPC/3764/2007 - Right to reside / proportionality of decision to refuse benefit
  
• CPC/2021/2008 - Overpayment / duty to disclose / whether claimant fixed with adviser's knowledge of material fact