MR v Secretary of State for Work and Pensions (RP): [2025] UKUT 418 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 11 December 2025.
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Judicial Summary
This appeal is about the correct start date for an award of the state pension. The Appellant’s first claim for state pension was refused because her National Insurance record was deficient. However, it transpired that her insufficient contributions record was because HMRC were at fault. HMRC subsequently rectified her National Insurance record. The Appellant then made a second, and this time successful, claim for state pension, but her award was only backdated for the statutory maximum of 12 months, and not for the full period of 21 months back to her 66th birthday, being the date when she had reached retirement age. The First-tier Tribunal confirmed the Secretary of State’s decision on the second claim and refused the appeal. The Upper Tribunal allowed the Appellant’s appeal, holding that the First-tier Tribunal had failed to consider whether the Appellant had made an application, on the basis of official error, for an any time revision of the decision on her first claim for state pension. The Upper Tribunal substituted a decision that the Appellant was entitled to state pension with effect from the date she reached retirement age