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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 21 February 2023 under number SC007/22/01185 was made in error of law. Under section 12(2)(a)
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 21 February 2023 under number SC007/22/01185 was made in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and re-make the decision originally under appeal as follows:
The Appellant’s appeal (SC007/22/01185) to the First-tier Tribunal is allowed.
The Respondent’s decision of 6 July 2022 is revised.
The Appellant is entitled to an award of the daily living component of PIP at the standard rate for an indefinite period from 8 February 2022 (daily living descriptors 5f (8 points) and 9b (2 points) apply).
REASONS FOR DECISION
This appeal to the Upper Tribunal: the result in a sentence
The Appellant’s appeal to the Upper Tribunal succeeds.
What is in issue on this appeal to the Upper Tribunal
The issue (in outline) on this appeal is the Appellant’s entitlement to Personal Independence Payment (PIP) with effect from 8 February 2022.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 21 February 2023 under number SC007/22/01185 was made in error of law. Under section 12(2)(a)
- The Upper Tribunal’s decision in summary and what happens next
- The background to this appeal to the Upper Tribunal
- The decisions by the Secretary of State and the First-tier Tribunal
- The Upper Tribunal’s grant of permission to appeal
- The proceedings before the Upper Tribunal
- The Upper Tribunal remakes the original decision under appeal
- The Appellant’s later PIP claim
- Conclusions