Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 308 (AAC)

Fecha: 26-Sep-2024

Conclusions

Conclusion

43.

The First-tier Tribunal in this case erred in law in its application of regulations 13 and 17 of the Personal Independence Payment (Transitional Provisions) Regulations 2013. Accordingly, I allow the Appellant’s appeal to the Upper Tribunal, set aside the First-tier Tribunal’s decision and remake the decision under appeal as follows (section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007):

(1)

The appeal is allowed.

(2)

The decision made by the Secretary of State on 08/11/2022 is set aside.

(3)

The Appellant is entitled to the PIP daily living component at the enhanced rate from 30/09/2020 to 30/10/2028.

(4)

The Appellant has severely limited ability to carry out the following activities of daily living, which score 23 points (for descriptors 1d, 2d, 3b, 4c, 5b, 6c, 9d and 10b).

(5)

The Appellant is entitled to the PIP mobility component at the enhanced rate from 30/09/2020 to 30/10/2028.

(6)

The Appellant is severely limited in their ability to mobilise, scoring 22 points (for descriptors 1e and 2e).

(7)

The effective start date for the PIP award, applying regulation 13(2) and regulation 17(2)(b) of the Personal Independence Payment (Transitional Provisions) Regulations 2013, is 30 September 2020.

Nicholas Wikeley

Judge of the Upper Tribunal

Authorised for issue on 26 September 2024