[2023] UKUT 151 (AAC)

The Appellant’s appeal to the Upper Tribunal succeeds but not in any way that assists him.

In summary, the Appellant had previously been entitled to the highest rate of the care component of disability living allowance (DLA) together with the higher rate of the DLA mobility component. He was required to transfer to personal independence payment (PIP) in 2016, and was initially paid only at the standard rate of the PIP daily living component. A First-tier Tribunal (FTT) later awarded him the enhanced rate of both PIP components. The issue on this further appeal concerns the correct date from which the increased PIP rates were properly payable.

The Appellant argues that the higher rates of the PIP components should be payable from the point he ceased to be entitled to DLA in 2016. For the reasons that follow, I conclude that the correct date is 16 January 2018, the date he applied for a supersession of his then existing PIP award. The FTT decision (that he was entitled from a date in 2017) involves several errors of law.