![[2025] UKUT 026 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
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
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.
REASONS FOR DECISION
The decision of the First-tier Tribunal (FTT) under appeal to the Upper Tribunal (the challenged FTT decision) was made on an appeal to the FTT against decisions of the Respondent to the effect that the Appellant (who I will refer to as Mrs W) was not entitled to carer’s allowance from 7 October 2019 to 18 April 2021. I shall say more in what follows about precisely which decisions of the Respondent Mrs W’s was appealing against.
- 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