RJ v Secretary of State for Work and Pensions (PIP) [2020] UKUT 107 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge West on 1 April 2020.
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Judicial Summary
Personal independence payment – claimant over 65 – DLA Transfer Case – lacuna in legislation – no exemption from s.83(1) of Welfare Reform Act 2012 where revision or supersession made – whether relevant wording read down to enable legislation to be applied in compliance with European Convention on Human Rights - extra statutory concession.
Published 19 May 2020