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Upper Tribunal decides that Moyna doesn’t apply to PIP
It is nice to have this confirmed.
In the (so far) only PIP appeal I have had the carer member was asking my client about a “typical day” - (“Oh you know, not your best day, not your worst, but something that happens more often than not”).
I referred to the “50 percent” rule from the regulations arguing a tribunal must take in to account worst days, as well as other days, because any day on which some points can be scored counts towards getting over 50% of days in the relevant period.
I think this was lost on the tribunal judge whose conclusion was simply that asking about someone’s needs in terms of their “typical day” was merely a way of getting information out of them. Well, some information perhaps, but not all that is required for this test!
Strangely, this discussion and the judge’s opinion does not appear in the full statement of reasons…....
CSPIP/754/2014 has now been added to the Tribunal Service website and a summary is now available in the welfare rights case law area of rightsnet