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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
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 of law. The Upper Tribunal remakes the decision of the First-tier Tribunal as follows (Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) section 12(2)(b)(ii)):
The claimant’s appeal is allowed.
The decision made by the Secretary of State on 30/11/2017 in respect of entitlement to PIP is set aside.
The claimant is not entitled to the PIP daily living component from 06/09/2017. She scores 2 points for daily living descriptor 4b (washing & bathing), which is insufficient to meet the threshold for the test.
The claimant is entitled to the PIP mobility component at the standard rate from 06/09/2017 to 18/10/2018. She scores 10 points for mobility descriptor 1d.
REASONS FOR 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