Background
Background
The Appellant (to whom I shall refer as the “claimant”) claimed a Personal Independence Payment (“PIP”) on 13 April 2023 and returned a completed PIP2 questionnaire form dated 18 May 2023, which was accompanied by supporting documentary evidence.
The claimant underwent a telephone assessment with a healthcare professional, and on 26 July 2023 a decision maker for the Secretary of State wrote to the claimant to inform him that he had scored 6 points in respect of the daily living activities (2 points for each of activities 1(b), 4(b) and 6(b)) and no points in respect of the mobility activities, and that this was insufficient to entitle him to a PIP with either component at either rate from 13 April 2023 (the “SoS Decision”), since the award threshold for the standard rate of PIP is 8 points.
The claimant didn’t agree with the SoS Decision and requested a mandatory reconsideration. However, the SoS Decision was confirmed on reconsideration. The claimant appealed to the First-tier Tribunal.
On 25 July 2024, a three-member panel of the First-tier Tribunal (Social Entitlement Chamber) (the “Tribunal”) heard evidence and argument. The Tribunal confirmed the points that the Secretary of State had awarded in respect of daily living activities 1(b), 4(b) and 6(b), and awarded the claimant 4 points in respect of mobility activity 2(b), but because the claimant scored fewer than 8 points in respect of the daily living activities and fewer than 8 points in respect of the mobility activities, it confirmed the SoS Decision that the claimant was not entitled to any award of PIP from 13 April 2023 (the “FtT Decision”).
- Heading
- As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act” ) and the ca
- What this appeal is about
- Background
- The permission stage
- The positions of the parties
- Why I have allowed the appeal
- Conclusions
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