[2025] UKUT 131 (AAC)

The claimant, who had previously been in receipt of Disability Living Allowance, made a claim to Personal Independence Payment (“PIP”) as a transfer claimant in 2018. By a decision dated 2 July 2018, which was revised on 18 October 2018, the Secretary of State awarded the claimant a PIP with both components at the standard rate from 18 July 2018 (being the day after the termination of her Disability Living Allowance award) to 16 September 2021 (as revised, the “original decision”). The claimant was unhappy with the level of her award and requested a mandatory reconsideration. The original decision was confirmed on mandatory reconsideration on 6 November 2018. The claimant appealed the original decision to the First-tier Tribunal, but on 16 August 2019 the First-tier Tribunal dismissed her appeal and confirmed the original decision. The claimant sought permission to appeal the First-tier Tribunal’s decision, but permission was refused.

On 7 November 2020, the Secretary of State decided to extend the claimant’s PIP award until 16 June2022 due to the Covid-19 pandemic. This change must have been by way of a supersession of the original decision, presumably on the grounds of a relevant change of circumstances, so it amounted to a new decision to award the claimant a PIP with both components at the standard rate from 18 July 2018 until 16 June 2022. I will call this new decision the “extension decision”. The claimant did not challenge the extension decision.

On 16 July 2021 the Department for Work and Pensions notified the claimant that it had commenced a ‘planned review’ of her PIP entitlement. The ultimate outcome of that review was a decision made on 18 May 2022 (and revised on 11 July 2022) to supersede the extension decision, replacing it with a new decision to award her a PIP with both components at the enhanced rate from 16 July 2021 until 17 May 2025 (the “enhanced rate decision”).

However, on 22 July 2021 the Department for Work and Pensions sent the claimant a letter (the “22 July letter”) which stated:

“Thank you for asking us to look at your Personal Independence Payment (PIP) again… I’ve looked at your PIP and decided:

I can award you the standard rate of £60 a week to help with your daily living needs. You can get this from 18 July 2018 to 16 June 2022.

I can award you the standard rate of £23.70 a week to help with your mobility needs. You can get this from 18 July 2018 to 16 June 2022.”

The claimant appealed to the First-tier Tribunal in relation to the 22 July letter. The Secretary of State made an application to strike out the claimant’s appeal. On 17 October 2023 District Tribunal Judge Ly held a preliminary hearing at Fox Court, which the claimant attended by telephone and Mr Hammond attended in person as a presenting officer for the Secretary of State. That hearing was to consider the strike-out application.