MA v Secretary of State for Work and Pensions (PIP): [2020] UKUT 172 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 25 May 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 2 July 2020

• Categories: Personal independence payment – general, Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - set aside applications, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wikeley, N
• Decision date: 25 May 2020

Read the full decision in CPIP/2140/2019.

Judicial Summary

Whether the First-tier Tribunal can act of its own accord so as to make a set aside decision under rule 37 of the 2008 Rules or only on the writen application of a party (the latter) - whether an application for a statement of reasons or a record of proceedings can be treated as an application for a set aside (no) - RR v Secretary of State for Work and Pensions (ESA) [2017] UKUT 403 (AAC) considered - Jan v SSHD (Upper Tribunal: set-aside powers) [2016] UKUT 336 (IAC) distinguished - observation in MQ v Secretary of State for Work and Pensions and SQ (CSM) [2017] UKUT 392 (AAC) at [28] disapproved.

Published 2 July 2020