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The Upper Tribunal remakes the original decision under appeal
The Upper Tribunal remakes the original decision under appeal
I therefore conclude that the First-tier Tribunal erred in law for the reasons summarised above. I accordingly allow the Appellant’s appeal to the Upper Tribunal. I also set aside the First-tier Tribunal’s decision.
I re-make the FTT’s decision in the following terms:
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).
I formally find that the First-tier Tribunal’s decision involves an error of law on the grounds as outlined above.
Obviously, as a result of this Upper Tribunal decision, there will now be some arrears of the PIP daily living component due to be paid to the Appellant.
- 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