KK v Secretary of State for Work and Pensions
[2023] UKUT 151 (AAC)
SR v Secretary of State for Work and Pensions (PIP)
26 September 2024
[2024] UKUT 308 (AAC)
Upper Tribunal
Someone was wrongly denied PIP benefits. A judge corrected the mistake and said they should have gotten the payments since the day their old benefits stopped, not the later date the government initially said. The ruling clarifies a legal rule about when PIP benefits should start after an appeal.
Key Facts
- •Appellant (S.R.) transferred from Disability Living Allowance (DLA) to Personal Independence Payment (PIP).
- •Initial PIP claim was refused due to non-attendance at assessment, leading to DLA termination on 29 September 2020.
- •The refusal was overturned on appeal, and PIP was awarded on 8 November 2022, but with a start date of 7 December 2022.
- •The dispute centered on the correct start date for the PIP award.
Legal Principles
General rule for DLA to PIP transfers: PIP start date is determined by the Secretary of State's entitlement decision, not the claim date (Regulation 17(1)(b) and 17(2)(a)).
RS v Secretary of State for Work and Pensions (PIP) [2016] UKUT 85 (AAC)
Exception: If a negative PIP determination is later reversed, the PIP start date is the day after DLA termination following the negative determination (Regulations 13(2) and 17(2)(b)).
Regulations 13(2) and 17(2)(b) of the Personal Independence Payment (Transitional Provisions) Regulations 2013
There is no express duty to carry out a PIP assessment by a specified date.
First-tier Tribunal decision
Outcomes
Appeal allowed.
The First-tier Tribunal incorrectly applied the general rule instead of the exception in Regulations 13(2) and 17(2)(b), resulting in an incorrect PIP start date.
First-tier Tribunal decision set aside.
Error of law in applying the wrong regulations regarding the start date of PIP award.
PIP awarded from 30 September 2020 (the day after DLA terminated due to the initial negative determination).
Applying Regulation 13(2) and 17(2)(b), the correct start date is the day after the DLA termination following the initial negative determination.