DO v Secretary of State for Work and Pensions (PIP): [2021] UKUT 161 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wright on 2 July 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 16 July 2021

• Categories: Personal independence payment – general, Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - lapsing of appeals, Tribunal procedure and practice - tribunal practice
• Judges: Wright, S
• Decision date: 2 July 2021

Read the full decision in CPIP/506/2020.

Judicial Summary

Policy of Secretary of State for Work and Pensions contacting appellants to tell them that decision under appeal can be revised to a decision more advantageous to the appellant if they agree with the proposed new decision (and appeal lapses as a consequence) – appeal continues against the decision as not revised but in context where Secretary of State has shown she no longer considers the decision under appeal to be correct – extent of First-tier Tribunal’s obligation to take into account the Secretary of State’s changed view where the decision under appeal remains the unrevised decision.

Published 16 July 2021