IS v Secretary of State for Work and Pensions (PIP): [2025] UKUT 020 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 18 January 2025
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Judicial Summary
The First-tier Tribunal (FTT) did not err materially in deciding that the Appellant had made a second claim to Personal Independence Payment (“PIP”) on 29 July 2022 which had then been refused by the Respondent with the result that the period for the earlier award of PIP, based upon a first claim made in April 2021, was limited to 28 July 2022, the day before the second claim to PIP was made and from which time entitlement had been refused. The appeal to the UT was dismissed on the basis that fresh evidence was admitted in relation to events between October 2023 and May 2024 which occurred after the hearing before the FTT in March 2023. This established beyond doubt that the Appellant’s second claim to PIP, whether or not it had been validly made and properly completed by telephone on 29 July 2022, had been refused by the Respondent as from 29 July 2022. Therefore, the principle on avoiding overlapping benefit entitlement decisions applied as explained in GG v SSWP (PIP) [2019] UKUT 318 (AAC) and there was no material error of law in the FTT’s decision. The correct interpretation of Regulation 11(4) of the Universal Credit, Personal Independence Payment… (Claims and Payments) Regulations 2013 as to when a telephone claim to PIP is validly made or properly completed as opposed to being defective is reserved to an appeal where this is determinative of the outcome.