A1

Please note the decision in file 2 is different. Please follow link below for more information

 

In decision CPIP/1123/2016, the Upper Tribunal has provided two new protections for people who appeal to a Tribunal against a DWP decision to reduce or stop their existing award of PIP.

FIRST NEW PROTECTION

The Upper Tribunal has confirmed that, like DWP (see decision CPIP/1623/2016), Tribunals must consider all the available evidence when looking at an appeal against DWP stopping or reducing an existing PIP award, including evidence about the original award. This applies even if DWP is relying on a fresh face-to-face assessment.

SECOND NEW PROTECTION

Many people say that the ending or reducing of their PIP award makes no sense because their condition or disability hasn’t changed or has got worse since the original award was given. If a Tribunal disregards this point and agrees with the DWP that an existing award should be reduced or stopped, the Upper Tribunal has now said that the a Tribunal must say specifically why they have decided to reduce or remove an award even though the claimant says things are the same or worse.

WHAT THIS MEANS FOR YOU

What this means for you is that, if you appeal to a Tribunal because your PIP award has been reduced or stopped, the Tribunal must look back at why the DWP made the award in the first place, including perhaps a more favourable assessment report or earlier Tribunal decision.
If the Tribunal does decide to reduce or remove your award, then they must say why they have done this given that you have said that your condition is the same or worse since the first award. And of course you can ask for any decision to be set aside if the Tribunal does not do any of this.


This analysis is brought to you free of charge by BuDS Benefit Information Team. It is only general information and you should take advice on your own case.

You can read the full judgement here: http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=5022