Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 271 (AAC)

Fecha: 19-Ago-2024

E FITZPATRICK

E FITZPATRICK

JUDGE OF THE UPPER TRIBUNAL

ON APPEAL FROM:

Tribunal: First-tier Tribunal (Social Security and Child Support)

Tribunal Case No: SC 053/23/00861

Tribunal Venue: Wolverhampton

Decision date: 23.10.23

Decision date: 19th August 2024

Decided on consideration of the papers

RULE 14 Order Pursuant to rule 14(1) of the Tribunal Procedure (Upper Tribunal) Rules 2008, it is prohibited for any person to disclose or publish any matter likely to lead members of the public to identify the appellant in these proceedings.

IN THE UPPER TRIBUNAL Upper Tribunal Case No.UA-2024-000612-PIP

ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 271 (AAC)

Before: Ms E Fitzpatrick, Judge of the Upper Tribunal

Decision: The decision of the First-tier Tribunal (SC 053/23/00861) of 23.10.2023 involved the making of an error on a point of law.

Under section 12(2) of the Tribunals, Courts and Enforcement Act 2007, I set aside the Tribunal’s decision and remit the appeal for re-hearing before the First-tier Tribunal. Directions for the re-hearing are at the end of the reasons for the decision.

REASONS FOR DECISION

Background

In brief,the claimant made a claim for PIP on 06/01/2023. A PIP2 questionnaire form was received from the claimant, dated 10/02/2023 and she participated in a telephone consultation with a health care professional on 08/03/2023. The claimant scored 0 points for the daily living descriptors and 0 points for the mobility descriptors. As such, the claimant scored insufficient points to be awarded any rate of either component of PIP from 06/01/2023. A decision letter dated 14/03/2023 was issued to the claimant. She requested a mandatory reconsideration of this decision, however the decision remained unchanged. The claimant lodged an appeal dated 31/05/2023 against the decision.

The FTT (First- tier Tribunal) upon hearing the claimant’s appeal on 23^rd October 2023 awarded the claimant 0 points for the daily living descriptors and 0 points for the mobility descriptors. As such Ms B scored insufficient points to be awarded any rate of the either the daily living or the mobility components of PIP from 06/01/2023.