[2025] UKUT 288 (AAC)

Appeal No. UA-2024-001779-PIP

In The Upper Tribunal
Administrative Appeals Chamber

Between:

MA

Appellant

-v-

Secretary of State for Work and Pensions

Respondent

Before: Upper Tribunal Judge Church

Decided on consideration of the papers

Representation:

Appellant: Ms Claire Messenger, Oxfordshire Welfare Rights

Respondent: Ms Lauren Foody, Decision Making and Appeals (DMA) Leeds

On appeal from:

Tribunal: First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case No.: SC302/23/00219

Digital Case No.: 1674040630298049

Tribunal Venue: High Wycombe

Decision Date: 24 June 2024

SUMMARY OF DECISION

6.10 Claims and Payments: other; 41.1 Personal Independence Payment: general

The Secretary of State refused to award a personal independence payment on the basis that the claimant did not satisfy the conditions related to presence in Great Britain, having taken an extended trip to India. However, between the date he made his claim and the date of the Secretary of State’s decision, the claimant returned to Great Britain. The Upper Tribunal allowed the claimant’s appeal because the Secretary of State and the Tribunal failed to consider the circumstances up to the date of the Secretary of State’s decision to refuse his claim. GE v Secretary of State for Work and Pensions (ESA) [2017] UKUT 145 (AAC) and AM v Secretary of State for Work and Pensions (UC) [2022] UKUT 242 (AAC) followed.

Please note that the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION