Heading

IN THE UPPER TRIBUNAL Appeal No.UA-2022-001763-PIP
ADMINISTRATIVE APPEALS CHAMBER [2025] UKUT 001 (AAC)
On appeal from First-tier Tribunal (Social Entitlement Chamber)
Between:
Secretary of State for Work and Pensions
Appellant
- v -
T.R.
Respondent
Before: Upper Tribunal Judge Wikeley
Hearing dates: 13 February 2024 and 17 October 2024
Decision date: 2 January 2025
Representation:
Appellant: Mr Jack Anderson of Counsel, instructed by the Government Legal Department (GLD)
Respondent: Mr Martin Williams, Child Poverty Action Group (CPAG) (hearing 13 February 2024)
Mr Tom Royston of Counsel, instructed by CPAG (hearing 17 October 2024)
DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal by the Secretary of State. The decision of the First-tier Tribunal made on 30 December 2021 under file number SC242/21/02922 was made in error
- Introduction
- Preliminaries
- An outline of what is agreed and what is not agreed between the parties
- A summary of the parties’ positions
- The chronology of the three PIP claims in more detail
- The 2018 claim
- The 2020 claim
- The First-tier Tribunal’s decision in 2021
- The starting point
- The claimant’s route to the First-tier Tribunal
- Provisional conclusion on the decision of the First-tier Tribunal
- The official error issue
- Must a request expressly or implicitly identify official error as a ground for revision?
- The DWP’s decision on the 2018 claim and official error
- The DWP’s decision on the 2020 claim and official error
- The notification issue
- Conclusions
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