Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 308 (AAC)

Fecha: 26-Sep-2024

The decision of the Upper Tribunal is to allow the appeal The decision of the First-tier Tribunal made on 1 June 2023 under digital case number 1678702478155666 was made in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and

The decision of the Upper Tribunal is to allow the appeal.

The decision of the First-tier Tribunal made on 1 June 2023 under digital case number 1678702478155666 was made in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and re-make the decision originally under appeal. I substitute the following decision for that of the First-tier Tribunal:

(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 thePersonal Independence Payment (Transitional Provisions) Regulations 2013, is 30 September 2020.