SR v Secretary of State for Work and Pensions (PIP)
[2024] UKUT 308 (AAC)
KK v Secretary of State for Work and Pensions
4 July 2023
[2023] UKUT 151 (AAC)
Upper Tribunal
Someone appealed a decision about when their disability benefits started. The first court got it wrong, so a higher court fixed it, saying the benefits should start from the day they told the government their situation had worsened, not a later date.
Key Facts
- •Appellant (KK) appealed a First-tier Tribunal (FTT) decision regarding the effective date of their Personal Independence Payment (PIP) award.
- •KK had previously received Disability Living Allowance (DLA) at the highest rate for care and higher rate for mobility.
- •KK's initial PIP award was at the standard rate for daily living.
- •A previous FTT awarded KK the enhanced rate for both daily living and mobility components but incorrectly set the start date.
- •The Upper Tribunal (UT) heard a second appeal concerning the correct start date of the enhanced PIP rates.
- •The FTT initially awarded enhanced PIP rates from 16 January 2018 (date of supersession application), but later changed this to 26 August 2017.
Legal Principles
Principle of finality in social security decisions.
Social Security Act 1998, section 17(1)
Decisions must be based on formal and identifiable decisions.
CA/1020/2007 (Social Security Commissioner’s decision)
Upper Tribunal directions on remittal must be followed by the FTT.
Tribunals, Courts and Enforcement Act 2007, section 12(2)(b)(i); BPP Holdings Ltd v Revenue & Customs Commissioners [2016] 1 WLR 1915
Supersession decisions effective date rules.
Social Security Act 1998, section 10(5); Universal Credit, PIP, JSA and ESA (Decisions and Appeals) Regulations 2013, regulation 35, Schedule 1, paragraphs 12 and 14
A tribunal cannot change its decision once it has been given orally.
Patel v Secretary of State for the Home Department [2015] EWCA Civ 1175
Outcomes
The UT allowed the appeal.
The FTT's decision was flawed due to inadequate reasoning, confusion about the supersession date, and changing its decision after oral announcement. The correct start date for the enhanced PIP was 16 January 2018.
The FTT's decision of 11 August 2021 was set aside.
Error of law.
The UT remade the FTT's decision.
Awarding enhanced PIP rates for daily living and mobility from 16 January 2018 to 15 January 2028.