[2024] UKUT 308 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 308 (AAC)

Fecha: 26-Sep-2024

The Secretary of State’s decision

The Secretary of State’s decision

7.

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.

8.

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”.