JM v Secretary of State for Work and Pensions (PIP): [2017] UKUT 419 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Gray on 20 October 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 4 December 2017

• Categories: Personal independence payment – general and Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - tribunal membership and procedure
• Judges: Gray, P
• Decision date: 20 October 2017

Read the full decision in CPIP/1469/2017.

Judicial Summary

The tenor of the statement of reasons suggests that the FTT was applying a judicial review approach to the decision of the SOS, rather than conducting a hearing de novo standing in the shoes of the SOS. (R(IB) 2/04. This error was so fundamental as to vitiate the decision of itself.

Published 4 December 2017