GA v Secretary of State for Work and Pensions (PIP): [2017] UKUT 416 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Markus on 13 October 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 1 November 2017

• Categories: Revisions, supersessions and reviews and Tribunal procedure and practice
• Sub-categories: Revisions, supersessions and reviews - supersession: general, Tribunal procedure and practice - fair hearing and Tribunal procedure and practice - other
• Judges: Markus, K
• Decision date: 13 October 2017

Read the full decision in CPIP/863/2017.

Judicial Summary

Consideration of power of review and referral to Upper Tribunal under section 9 Tribunals Courts and Enforcement Act 2007 - status of proceedings in Upper Tribunal when tribunal judge purported both to give permission to appeal and to review.

Tribunal failing to identify ground for supersession when removing PIP award.

Tribunal failing to consider exercise of discretion under section 12(8)(a) Social Security Act 1998 - unfairness

Published 1 November 2017