SR v Secretary of State for Work & Pensions (PIP): [2024] UKUT 308 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 26 September 2024
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Judicial Summary
Disability Living Allowance (DLA) claimant transferring to f Personal Independence Payment (PIP) - Claimant subject to negative determination for failing to attend assessment so DLA stopped - Claimant subsequently found by a First-tier Tribunal (FTT) to have good reason for failing to attend assessment and payment of DLA reinstated - New PIP award more than old DLA award - Issue on further appeal to FTT was the start date for the PIP award - Normal rule is that start date for PIP award for DLA transfer claimants is determined by reference to date of Department for Work and Pensions (DWP) PIP entitlement decision - Claimant’s case fell into exception applicable to cases where negative determination overturned on revision or appeal - RS v SSWP (PIP) [2016] UKUT 85 (AAC) and OM v SSWP (PIP) [2017] UKUT 458 (AAC) considered - regulations 13(2) and 17(2)(b) of PIP (Transitional Provisions) Regulations 2013 applied, rather than regulations 17(1)(b)(ii) and 17(2)(a) - FTT erred in law by applying the general rule and not the exception to the general rule - Appeal allowed