MH v Secretary of State for Work and Pensions (PIP)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Markus QC |
| Neutral Citation | [2020] UKUT 185 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Personal independence payment – general,Revisions,supersessions,reviews,reviews - other,Markus,K |
| Date | 22 May 2020 |
| Published date | 06 July 2020 |
MH v SSWP (PIP) [2020] UKUT 185 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. CPIP/1859/2019
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: MH Appellant
- v -
Secretary of State for Work and Pensions Respondent
Before: Upper Tribunal Judge K Markus QC
Decision date: 22 May 2020
Decided on consideration of the papers
Representation:
Appellant: Bury and Bolton Citizens Advice
Respondent: Decision Making and Appeals, Leeds
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-
tier Tribunal made on 1 April 2019 under number SC946/18/00631 was made in error
of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement
Act 2007 I set that decision aside and remit the case to be reconsidered by a fresh
tribunal in accordance with the following directions.
Directions
1. This case is remitted to the First-tier Tribunal for reconsideration at an
oral hearing.
2. The members of the First-tier Tribunal who reconsider the case should
not be the same as those who made the decision which has been set
aside.
3. The parties should send to the relevant HMCTS office within one month
of the issue of this decision, any further evidence upon which they wish
to rely.
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SC v Secretary of State for Work and Pensions (PIP)
...for supersession or supersession by the Secretary of State upon her own initiative as it is arguable in the light of MH v SSWP (PIP) [2020] UKUT 185 (AAC) that this Regulation only limits an award of the mobility component where the claimant may already have an award of the mobility compone......