Preliminaries
Preliminaries
The Secretary of State for Work and Pensions is the Appellant in the present Upper Tribunal appeal proceedings and the claimant is now the Respondent. Their roles were obviously reversed before the FTT. To avoid any potential for confusion, I refer to the parties in this decision as the Secretary of State and the claimant respectively.
I held a first oral hearing of the appeal on 13 February 2024. The Secretary of State was represented by Mr Jack Anderson of Counsel, instructed by the Government Legal Department (GLD), while the claimant was represented by Mr Martin Williams of the Child Poverty Action Group (CPAG). I then directed additional written submissions, resulting in a further oral hearing on 17 October 2024. Mr Anderson appeared again for the Secretary of State while on this occasion Mr Tom Royston of Counsel represented the claimant. I am grateful to all concerned for their helpful written and oral submissions.
- 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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