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Legal framework
Legal framework
Section 1(1) of the Social Security Administration Act 1992 provides that the general rule is that a person will not be entitled to any benefit unless, in addition to satisfying relevant qualifying conditions, they make a claim for it in the manner prescribed by regulations. Section 5 of the same Act authorises the making of such regulations.
Regulation 11 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 relevantly provides that claims for PIP must be made in in the manner prescribed therein.
Regulations 11(1)-(6) provide as follows:
Making a claim for personal independence payment
- Heading
- Introduction
- Factual background
- Legal framework
- —(1) A claim for personal independence payment must be made—
- by telephone call to the telephone number specified by the Secretary of State ; or
- Finality of decisions
- The First-tier Tribunal’s decision
- The grounds of appeal and the parties’ submissions
- Ground 2
- The Respondent’s submissions
- Ground 1
- Ground 2
- Discussion and Analysis
- Determination of the application to admit fresh evidence
- Determination of the appeal on the basis of materiality
- Conclusions