MK v Secretary of State for Work and Pensions (PIP): [2025] UKUT 272 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 13 August 2025.
Read the full decision in .
Judicial Summary
Reviews, revisions and supersession 30.1 (change of circumstances) and 30.9 (supersession: general) Supersession of a decision awarding a personal independence payment – Secretary of State relied on regulation 26(1)(a) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 – claimant alleging that no change had occurred – distinction between legal requirements of the regulation and evidential consideration of whether a change had taken place – standard of reasons required – R(I) 1/96 applied.
Tribunal procedure and practice (including Upper Tribunal) 34.4 (leave/permission to appeal) Claimant made a late application to the First-tier Tribunal for permission to appeal to the Upper Tribunal – First-tier Tribunal did not consider whether to extend time – First-tier Tribunal refused permission rather than refusing to admit the application – significance of form of decision for procedure in Upper Tribunal – Upper Tribunal not bound by First-tier Tribunal’s incorrect form of decision.
Tribunal procedure and practice (including Upper Tribunal) 34.9 (statement of reasons) Adequacy of reasons – Practice Direction from the Senior President of Tribunals: Reasons for decision of 4 June 2022 – status as guidance – test of adequacy a matter of law.