Caselaw summaries

Personal independence payment (PIP) – tribunals – tribunal decision set aside and remitted to new tribunal as (on balance of probabilities) the decision maker had failed to issue the appeal bundle to the appellant and their representative

Personal independence payment Activity 4 (washing and bathing): the test is of the physical or mental ability to wash and bathe, not of quality of the result of washing and bathing

Jurisdiction – strike out of appeal against DWP ‘letter’ which did not constitute a ‘decision’

Evidence – fairness – use of ‘closed questions’ to claimant

Tribunals – audio of tribunal hearing indicated it lasted for 16 minutes and tribunal spent just over four minutes dealing with claimant’s arguments for the daily living activities

Second claim while appeal pending – original claim refused and under appeal when second claim was made and refused

Appeal rights – mandatory reconsideration for official error – notification of relevant time limit for mandatory reconsideration any ground

Effective date of increased award made by tribunal following decision on supersession – claimant awarded enhanced rate mobility component on appeal

PIP mobility Activity 2 (‘Getting around’) – tribunal erred in failing to make adequate findings of fact regarding claimant’s walking ability, in particular regarding ability to walk ‘within a reasonable time period’ and ‘to an acceptable standard’

PIP daily living Activity 9 (‘Engaging with other people’) – important to take a holistic approach rather than focus on one area, such as the claimant’s employment