The Secretary of State’s decision
The Secretary of State’s decision
The mandatory reconsideration notice dated 14 February 2023 set out the Secretary of State’s reasons for finding the Appellant was entitled to PIP with effect from 7 December 2022:
In the mandatory reconsideration request it was reported that you disagree with the date that PIP commenced. Your appeal for failing to attend the PIP assessment was accepted and a payment for DLA was sent to cover the period 30/09/2020 to 06/12/2022. Personal Independence Payment regulations specify that Disability Living Allowance will continue to be paid for 4 weeks after the decision has been made on PIP. Any award of PIP will start after the 4 week period. This happens in all cases no matter the outcome of the decision. We cannot award PIP from an earlier date and we cannot change the level of your entitlement to Disability Living Allowance. Your award for PIP cannot be paid until your DLA has ended. Your DLA ended on 06/12/2022 and PIP started on 07/12/2022. This is the correct date for your PIP award to start.
The statement in that extract that “Personal Independence Payment regulations specify that Disability Living Allowance will continue to be paid for 4 weeks after the decision has been made on PIP. Any award of PIP will start after the 4 week period” is an accurate paraphrase (so far as it goes) of the rule in regulation 17(1)(b)(ii) and 17(2)(a) of the Personal Independence Payment (Transitional Provisions) Regulations 2013. However, the result of this appeal shows that it is not true to state baldly, as does the mandatory reconsideration notice, that “This happens in all cases no matter the outcome of the decision”.
- Heading
- 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
- REASONS FOR DECISION
- The nub of the issue
- The financial implications of the start date for the PIP award
- The Secretary of State’s decision
- The decision of the First-tier Tribunal
- The factual background to this appeal
- The First-tier Tribunal’s decision
- The proceedings in the Upper Tribunal
- The relevant legislation
- Analysis
- Conclusions
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