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Pausing there
Pausing there
Pausing there, the decision of the FTT on 25 August 2017 was accordingly final within the meaning of section 17(1) of the Social Security Act 1998. As such, it definitively decided that the Appellant was entitled to the standard rate of the PIP daily living component (but to no award of the mobility component) for the period from 12 October 2016 to 18 August 2019. Given that there was no further onward appeal, and given that decisions of the First-tier Tribunal cannot be revised, the only way that FTT decision could then be changed thereafter (i.e. after 25 August 2017) was by way of a supersession decision (typically for a change in circumstances).
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 11 August 2021 under number SC065/18/00926 was made in error of law. Under section 12(2)(a) a
- This appeal to the Upper Tribunal: the result
- The benefits adjudication and appeals machinery
- The Appellant’s first Personal Independence Payment FTT appeal
- Pausing there
- The Appellant’s second Personal Independence Payment FTT appeal
- The proceedings and submissions before the Upper Tribunal
- The Upper Tribunal’s analysis
- The First-tier Tribunal’s disregard of the Upper Tribunal’s direction on remittal
- The First-tier Tribunal’s confusion as to the correct date for the supersession
- The First-tier Tribunal changed its mind after announcing its decision
- Summary of Upper Tribunal’s analysis
- Disposal of the appeal
- Conclusions