TM v Secretary of State for Work and Pensions (PIP): [2019] UKUT 204 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 25 June 2019.
Read the full decision in
Judicial Summary
Tribunal procedure and practice (including Upper Tribunal)—Fair hearing—Equality of arms—Claimant’s entitlement to know the case he has to meet—Discussion of Tribunal’s duty to correct unfairness caused by inadequacy of Secretary of State’s response.
Personal independence payment—General—Secretary of State’s response referring to draft legislation in different terms from the legislation as made—Secretary of State’s response referring to all regulations governing social security, rather than the specific regulations governing entitlement to personal independence payment—Secretary of State’s response failing to refer to relevant Acts of Parliament.