SR v The Secretary of State for Work and Pensions (Personal Independent Payment): [2024] UKUT 198 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 10 July 2024

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 23 July 2024

• Categories: Claims and payments, Personal independence payment – general, Tribunal procedure and practice
• Sub-categories: Claims and payments - other, Tribunal procedure and practice - fair hearing
• Judges: Wikeley, N
• Decision date: 10 July 2024

Read the full decision in UA-2023-001826-PIP.

Judicial Summary

First-tier Tribunal erred in law by (1) failing to consider regulation 33(1) of Universal Credit (Claims and Payments) Regs 2013, governing advance claims to Personal Independent Payment (PIP), and (2) removing award of PIP without warning appellant in advance of the basis on which removal might be effected.

Published 23 July 2024