Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 185 (AAC)

Fecha: 25-Jun-2024

The Appellant’s later PIP claim

The Appellant’s later PIP claim

18.

Mrs Hawley helpfully adds the following further information (at paragraph 4.19 of her submission):

the claimant made a further unsuccessful claim to PIP on 24/07/2023. If the UT Judge is minded to accept my submission and set aside the FtT’s decision made on 21/02/2023 and gives the decision that the FtT should have given, the Secretary of State is prepared to take the UT Judge’s decision being the “decision of the FtT” for the purposes of regulation 11(2)(c) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013, with the result that regulation 11 will extend to the disallowing decision made on the second claim to PIP made by the claimant on 24/07/2023.

19.

Regulation 11(2) of the 2013 Regulations provides as follows:

(2)

Where—

(a)

the Secretary of State makes a decision under section 8 or 10 of the 1998 Act or such a decision is revised under section 9(1) of the 1998 Act (“decision A”);

(b)

the claimant appeals against decision A;

(c)

after the appeal has been made, but before it results in a decision by the First-tier Tribunal, the Secretary of State makes another decision (“decision B”) which—

(i)

supersedes decision A; or

(ii)

decides a further claim by the claimant;

(d)

after the making of decision B, the First-tier Tribunal makes a decision on the appeal (“decision C”); and

(e)

the Secretary of State would have made decision B differently if, at the time, the Secretary of State had been aware of decision C,

the Secretary of State may revise decision B.

20.

This accordingly enables the Secretary of State to give ongoing effect to the present substituted decision by revising the adverse decision on the Appellant’s subsequent claim.