IC v Secretary of State for Work and Pensions (PIP): [2025] UKUT 223 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Fitzpatrick on 19 June 2025.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
7 August 2025
Categories:
Personal independence payment – general and Tribunal procedure and practice
Sub-categories:
Tribunal procedure and practice - evidence and Tribunal procedure and practice - fair hearing
Judges:
Fitzpatrick, E
Decision date:
19 June 2025

Read the full decision in UA-2024-001686-PIP

Judicial Summary

  1. In the application of Section 12(8)(b) of the Social Security Act 1998 it is the time to which the evidence relates that is significant, not the date when the evidence was written or given.

  2. Medical evidence which does not specifically address the Personal Independent Payment (PIP) descriptors should not automatically be accorded less weight by the First-tier Tribunal (FTT). In most cases evidence provided by an Appellant will not have been prepared for use at the FTT hearing and the blanket application of such an approach could result in unfairness to the Appellant. It is for the FTT to make its own findings of fact considering the totality of the evidence in a holistic way.

  3. The FTT should approach “on the day” observations of the Appellant with caution and the Appellant should be afforded an opportunity to comment on observations particularly if they are material to the Tribunal’s findings.

Updates to this page

Published 7 August 2025