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The tribunal considers the law, the facts of your case, and the evidence to reach its decision. It may decide to change the decision that you’ve appealed to:
Alternatively, the tribunal may decide not to change the DWP’s decision (known as ‘upholding’ the original decision).
The DWP refused Michael’s claim for PIP as it decided he didn’t score enough points to qualify. Michael appealed against the decision on the grounds that he should score sufficient points to qualify for the enhanced rate of the daily living component. He didn’t dispute the DWP’s decision on his entitlement to the mobility component. The tribunal decides to change the DWP’s decision and decides Michael is entitled to the standard rate of the daily living component. It allows Michael’s appeal in part.
The tribunal must provide written notice of its decision.
Information accompanying the decision notice should tell you that you can request a statement of reasons for the decision and include the conditions for making a further appeal to the Upper Tribunal.1
The DWP has to implement the tribunal’s decision, not the tribunal, but there’s no set time limit for it to do so.
The DWP can look at the decision again if there are grounds for this. Usually, this happens if there’s been a relevant change in your circumstances since the date of the decision– for example, if your medical condition changed while you were waiting for your appeal to be heard.
The DWP can’t supersede (change) the tribunal’s decision just because it thinks the decision is legally wrong. In that situation, it would need to try to appeal to the Upper Tribunal to get the decision changed.
Winning your appeal may not always mean you’re entitled to payment of PIP. Sometimes, the DWP may need to make further decisions to determine your entitlement – for example, if the tribunal has decided that you satisfy the residence conditions for PIP, the DWP then still needs to assess whether you meet the disability conditions.
But in many cases, if you win your appeal either in full or in part, you are likely to be entitled to arrears of PIP as well as ongoing payments.
If you’ve not received payment within a few weeks of the tribunal’s decision, contact the DWP and ask for payment as soon as possible. Consider complaining to the DWP if the delay is unreasonably long.
See our Welfare Benefits Handbook (for subscribers):
In some circumstances, the DWP can suspend payment. These include if:2
If the DWP suspends payment, it must write to you to tell you it intends to request a written statement of reasons for the First-tier Tribunal's decision, apply for permission to appeal or to appeal, as soon as 'reasonably practicable'.3
See our Welfare Benefits Handbook (for subscribers):
Suspension while an appeal is pending
If you’re unhappy with the tribunal’s decision, in some circumstances you can do the following:
These options are available to the DWP too if it disagrees with the tribunal’s decision. In practice, the DWP usually only appeals to the Upper Tribunal if an important legal principle is at issue. If the DWP is considering applying for permission to appeal to the Upper Tribunal, it will often ask for a statement of reasons for the tribunal’s decision.
In very limited circumstances, the tribunal’s decision can be set aside. Broadly, for the tribunal’s decision to be set aside, the tribunal must consider it’s in the interests of justice to do so and there must have been some type of procedural irregularity.
The First-tier Tribunal must receive your written request to set aside the decision within one month of the date you were sent the decision notice, although the tribunal can extend this time limit. You should explain why you think the decision should be set aside.5
For further details of when a decision can be set aside, see Chapter 7 of our guide: What you need to know: Winning your Benefit Appeal (available in print) or our Welfare Benefits Handbook (for subscribers):
Setting aside a decision on procedural grounds
You can only appeal to the Upper Tribunal on a 'point of law'.6 In practice, this means that the tribunal must have made an 'error of law' for you to be able to appeal further. To find out whether there’s an error of law in the tribunal's decision, you usually need to request a statement of reasons for the tribunal's decision and it may be helpful to also request the record of proceedings.
If you apply for permission to appeal to the Upper Tribunal and there’s a clear error of law, the First-tier Tribunal can review the decision before it’s reconsidered by the Upper Tribunal. Usually, this leads to the appeal being heard again.
If you want to appeal to the Upper Tribunal, you must first apply in writing to the First-tier Tribunal for permission to do so. You must identify the errors of law in the First-tier Tribunal’s decision and the decision you want.7 If you’re refused permission to appeal, you can apply directly to the Upper Tribunal. Your application to the First-tier Tribunal for permission to appeal must normally be received no later than one month after the latest of the following dates, the date you were sent:
The one-month time limit may run from a later date if the First-tier Tribunal corrected or reviewed its decision, or if it refused an application for its decision to be set aside. The tribunal has discretion to extend the one-month time limit.
For further information on appealing to the Upper Tribunal, including the time limits and procedure for doing so, see our Welfare Benefits Handbook (for subscribers):
If the tribunal hasn’t given you a written statement of reasons for the decision, you can apply for one.13 It’s important to do so if you’re considering applying for permission to appeal to the Upper Tribunal. Without a statement of reasons, it’s difficult to establish whether the First-tier Tribunal made an error of law in its decision.
A statement of reasons is longer than the decision notice. It should:
‘The reasons must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the main issues in dispute ….Providing adequate reasons does not usually require the First-tier Tribunal to identify all of the evidence relied upon in reaching its findings of fact, to elaborate at length its conclusions on any issue of law, or to express every step of its reasoning….Reasons need refer only to the main issues and evidence in dispute, and explain how those issues essential to the Tribunal’s conclusion have been resolved.’14
The tribunal must provide a written statement of reasons for its decision if:15
If your request is received outside this one-month time limit, the tribunal can still provide a statement of reasons but doesn’t have to. If your request is late, explain why.
The tribunal should send you the statement of reasons within a month of the date it received your request 'or as soon as is reasonably practicable’ after that.16 If there’s a long delay, contact HM Courts and Tribunals Service and ask what the reason for the delay is, and for the statement of reasons to be sent as soon as possible.
[YOUR NAME]
[YOUR ADDRESS]
[ADDRESS OF HMCTS OFFICE DEALING WITH THE APPEAL (this is normally detailed on a cover sheet that is sent with tribunal paperwork]
[DATE]
To the First-tier Tribunal,
Re: Appeal of [YOUR NAME, ADDRESS]
National insurance number: [YOUR NI No]
Appeal reference: [THE APPEAL REF No]
Hearing date and time: [THE DATE AND TIME OF YOUR APPEAL HEARING]
On [DATE ON THE TRIBUNAL DECISION NOTICE] [I was given/you sent me] the decision notice in respect of the above appeal.
Please send me the statement of reasons for your decision and the record of proceedings for the hearing.
[IF REQUEST IS LATE]I am making this request more than one month after the date the decision notice was given/sent to me. I ask that you extend the normal deadline for making this request because [ADD REASONS].
Signed:
Date:
A record of proceedings at a tribunal hearing is made by the judge. It may consist of the recording of the hearing or the judge's written notes. It’s not a formal part of the tribunal’s decision. It is not usually sent to you as a matter of course, even if you request a statement of reasons.
‘The record must be sufficient to indicate any evidence taken and submissions made and any procedural applications.’17
If you’re considering appealing, it’s a good idea to request a record of the proceedings at the same time as requesting a statement of reasons, as it can provide more background to the decision and help identify any errors of law.
The tribunal has to keep a record of proceedings for 18 months. The 18 months normally runs from the date of:
It may run from a later date if the decision has been corrected or a request was made to set the decision aside or if you or the DWP have sought permission to appeal to the Upper Tribunal.18
Your application for a record of the proceedings must be made to the tribunal in writing and must be received within the 18-month period.19
If you apply outside the 18-month time limit, the record of proceedings may have been destroyed. If not, the tribunal may still supply one but it doesn’t have to.
