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MA v SSWP (PIP)
Personal independence payment – claims
Decision in brief
Claimant was in India at the time the claim was made in December 2021, but had returned to the UK on 9 April 2022 and was in the UK by the time the claim was decided in July 2022 – claim was refused on basis that claimant was not in the UK when claim was made – but that was wrong as it was instead required to consider the claimant’s circumstances down to the date the claim was decided by the decision maker – claimant therefore satisfied requirement to be in Great Britain in from 9 April 2022 and his entitlement was to be determined from that date
MK v SSWP (PIP)
Personal independence payment – supersession of current award
Decision in brief
Receipt of official medical report was itself a ground for supersession under regulation 26(1)(a) of the Universal Credit (etc.) (Decisions and Appeals) Regulations 2013 – but tribunal’s confirmation of removal of mobility award was entirely based on its finding that the claimant could drive an automatic car and had used an airport – tribunal failed to investigate the evidence and/or make adequate finding of fact and/or provide adequate reasons for its decision