[2024] UKUT 308 (AAC)

In its findings of fact, the Tribunal found the Appellant, aged 61 years at the time of the appeal hearing had been in receipt of Disability Living Allowance (DLA), since 2004. The Respondent initiated a transition to PIP in 2019, and the Appellant completed a PIP2 form early in 2019, claiming difficulties with daily living activities and mobility, due to severe mental health conditions as well as physical issues. She was invited to attend an assessment in connection with her claim for PIP on the 4.9.19, and a letter with details of the date time and place of assessment was sent to the Appellant on the 21.8.19.

The Appellant failed to attend this assessment, and the Respondent sent her a further letter inviting her to submit evidence of her agoraphobia from her GP with a view to arranging a home assessment. Due to her failure to respond, the Respondent subsequently sent a decision letter dated the 22.10.19 advising the Appellant that her DLA would end on the 19.11.19. and that due to her failure to attend the assessment on the 4.9.19, she would not qualify for PIP. In response, the Appellant confirmed her intention to appeal, and further advised that she had been unable to obtain the relevant evidence from her GP, as home visits had been stopped by her surgery. The Respondent subsequently accepted that the Appellant had shown good cause for failing to attend the assessment and confirmed this by letter of the 31.1.20 (page 51 of the Schedule of Evidence). It confirmed that her DLA would continue to be paid every 4 weeks provided there were no changes that would affect her entitlement.

A further appointment to attend an assessment by telephone was arranged for the 8.6.20 which was rescheduled for the 18.6.20; three unsuccessful attempts by telephone were made on the 17.6.20 to remind the Appellant of the following day’s assessment.

In the event, the assessor could only communicate with the Appellant’s mother on the appointed day, i.e., 18.6.20, but was unable to proceed with the assessment as it appeared the Appellant was asleep and unable to come to the phone.

A negative determination decision letter was sent to the Appellant dated the 15.9.20 advising her that her DLA benefit would end on the 29.9.20 and no PIP would be awarded due to her failure to attend the assessment on the 18.6.20 - a decision which the Appellant appealed on the 12.11.21 (page 65 of the Schedule of Evidence).

A Tribunal adjudicated the matter on the 25.2.22 (page 121 of the Scheule of Evidence), allowing the appeal, having found good cause for nonattendance at assessments and lack of proper notice. Its decision directed the Appellant be given full opportunity to proceed with her PIP claim and that she participate in a future assessment.

In the event, further problems were encountered regarding future assessments, and a paper-based review, with the benefit of the Appellant’s GP report dated the 24.10.22, was undertaken on the 31.10.22. Following this, a decision was made on the 8.11.22 (the decision under appeal), awarding the Appellant the enhanced rates of both the daily living and mobility components of PIP. The Respondent subsequently made outstanding DLA payments to cover the period from 30.9.20-6.12.22 (both dates included).