MB v SSWP
[2024] UKUT 271 (AAC)
ZY v The Secretary of State for Work and Pensions
2 May 2024
[2024] UKUT 163 (AAC)
Upper Tribunal
A person appealed a decision about their disability benefits. The first court that heard the case didn't have the right number of people to make a decision. The higher court said the first court made a mistake, and the case needs to be heard again by the correct number of people.
Key Facts
- •Appeal from First-tier Tribunal (Social Entitlement Chamber) case number SC320/22/00629.
- •Appeal concerned Personal Independence Payment (PIP).
- •First-tier Tribunal (FTT) decided the appeal on 28 April 2023 without a Disability Qualified Panel Member (DQPM).
- •The FTT was improperly constituted; it consisted of only two members.
- •The appellant had also subsequently been awarded PIP in a fresh claim, effective from 5 July 2023.
Legal Principles
A PIP appeal must be determined by a three-member First-tier Tribunal, including a Tribunal Judge, DQPM, and registered medical practitioner.
Practice Statement on Composition of tribunals in social security and child support cases in the Social Entitlement Chamber on or after August 1, 2013, paragraph 4.
A two-person FTT can only decide a case if all parties agree.
Paragraph 15(6) of Schedule 4 to the Tribunals, Courts and Enforcement Act 2007.
Outcomes
Appeal allowed.
The FTT's decision was made in error of law due to improper constitution.
FTT decision set aside.
The FTT erred in law by not being properly constituted and proceeding without a DQPM despite the lack of consent from all parties.
Case remitted to a freshly constituted three-person FTT for reconsideration at an oral hearing.
The Upper Tribunal cannot re-decide the appeal; a properly constituted tribunal is required.