CJ -v- Secretary of State for Work and Pensions (PIP): [2025] UKUT 131 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 17 April 2025.
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Judicial Summary
In this decision the Upper Tribunal decides that the First-tier Tribunal was entitled to find that a letter the Appellant received which purported to communicate a decision on her entitlement to Personal Independence Payment was not itself a decision, and it did not establish that the decision it described had been made. The judge was entitled to conclude that there was therefore no decision under section 8 or 10 of the Social Security Act 1998 for the Appellant to appeal, and he was therefore bound to strike out the proceedings for lack of jurisdiction. Further, even had the Secretary of State made the decision that the letter purported to communicate, that decision would not have carried a right of appeal because it amounted to a decision not to revise or supersede the previous decision, and the only appealable decision was the decision she had decided neither to revise nor supersede. Appeal dismissed.