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Mr W’s PIP award
Mr W’s PIP award
On 19 May 2020 (i.e. about eight months after Mr W’s DLA award had ended) the Respondent made a decision (upon “mandatory reconsideration” of an earlier decision by it) to award the daily living component of personal independence payment (PIP), at the enhanced rate, to Mr W, from 15 November 2019, for an indefinite period; the decision also awarded Mr W the mobility component of PIP at the standard rate.
Mr W appealed to the FTT against that decision of the Respondent. By a decision dated 23 July 2021, the FTT awarded Mr W the daily living component of PIP at the enhanced rate, and the mobility component of PIP at the enhanced rate, both with effect from 15 November 2019.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal did not involve an error of law
- Background
- Mr W’s PIP award
- Mrs W’s new claim for carer’s allowance
- The FTT’s case management
- The challenged FTT decision
- The Upper Tribunal proceedings
- Other case management by the Upper Tribunal
- Why I have concluded that there was no material error of law in the challenged FTT decision
- First main issue: should Mrs W’s new carer’s allowance award have been “backdated” to the start of Mr W’s PIP award?
- Was the FTT’s decision on Mr W’s PIP appeal a decision on appeal awarding a qualifying benefit ?
- Was Mrs W’s carer’s allowance claim made “within three months of” the FTT’s decision on Mr W’s PIP appeal?
- Second main issue: did the Respondent undertake “mandatory reconsideration” of its decision on Mrs W’s new carer’s allowance claim?
- Other issues raised by Mrs W
- Conclusions