VO v Secretary of State for Work and Pensions (PIP): [2022] UKUT 13 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 13 January 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 February 2022

• Categories: Claims and payments, Tribunal procedure and practice
• Sub-categories: Claims and payments - jurisdiction, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wikeley, N
• Decision date: 13 January 2022

Read the full decision in CPIP/904/2021.

Judicial Summary

Personal Independence Payment - Department for Work and Pensions refuse first PIP claim, claimant appeals - Claimant makes second PIP claim then withdraws second claim - DWP ignore withdrawal and decide second claim making award of standard rate daily living component - First-Tier Tribunal hears appeal against decision on first claim in ignorance of withdrawal of second claim - FTT awards standard rate daily living and enhanced rate mobility but only for closed period until start of (lower) award on second ‘claim’ - Jurisdiction of FTT - Whether breach of natural justice and whether material error of law - Effect of Secretary of State’s subsequent revision decision.

Published 9 February 2022