CH (by TH) v Secretary of State for Work and Pensions (PIP) [2020] UKUT 70 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 6 March 2020.
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Judicial Summary
In GD v SSWP (PIP) [2017] UKUT 415 (AAC), para 5 sets out evidence given to the judge by SSWP as to the Department’s practice in asking PIP reassessment claimants whether they wanted DLA evidence to be considered for their PIP claim. That case relates to a claim made some time before the claim in the present case, which was made by phone in December 2016. On the evidence in the present case, there is no indication that the claimant was ever asked about use of her DLA evidence. Where relevant, FtTs should probe whether what is said at para 5 of GD is accurate in relation to the particular time which the case before them concerns and its application to that case.