MA v The Secretary of State for Work and Pensions (PIP): [2025] UKUT 288 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 20 August 2025.
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Judicial Summary
The Secretary of State refused to award a personal independence payment on the basis that the claimant did not satisfy the conditions related to presence in Great Britain, having taken an extended trip to India. However, between the date he made his claim and the date of the Secretary of State’s decision, the claimant returned to Great Britain. The Upper Tribunal allowed the claimant’s appeal because the Secretary of State and the Tribunal failed to consider the circumstances up to the date of the Secretary of State’s decision to refuse his claim. GE v Secretary of State for Work and Pensions (ESA) [2017] UKUT 145 (AAC) and AM v Secretary of State for Work and Pensions (UC) [2022] UKUT 242 (AAC) followed.