JS v The Secretary of State for Work and Pensions: [2024] UKUT 90 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Fitzpatrick on 1 March 2024.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
16 May 2024
Categories:
Personal independence payment – general, Tribunal procedure and practice
Judges:
Fitzpatrick, E
Decision date:
1 March 2024

Read the full decision in UA-2022-000388-PIP.

Judicial Summary

Section 12(8)(b) Social Security Act 1998 circumstances not obtaining at the time the decision appealed against was made. Tribunal’s blanket refusal to consider evidence post dating the date of the decision under appeal in the context of the assessment of risk and “safely” for the purposes of Regulation 4(2A) of the Social Security (PIP) Regulations 2013 was in error of law.

Updates to this page

Published 16 May 2024