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Introduction
Introduction
This appeal concerns three decisions about a claimant’s entitlement (or non-entitlement) to Personal Independence Payment (PIP). The outcome of this appeal ultimately depends on which decision was (or which decisions were) within the scope of the appeal to the First-tier Tribunal (FTT).
This case is also another example of how the already complex legislative provisions governing decision-making on social security appeals have been made more complicated still by their inter-section with the LEAP (Legal Entitlement and Administrative Practices) processes operated by the Department for Work and Pensions (DWP).
- 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