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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

What happens if a Tribunal reduce an award?

CHAC Adviser
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Caseworker - CHAC, Middlesbrough

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Total Posts: 259

Joined: 14 September 2017

I’ve had a situation here that I’ve not come across before. The client was on the standard rate of mobility and we appealed for standard daily living and enhanced mobility. I was content that the points for the standard rate of mobility were secure so didn’t have a concern with putting the mobility component at issue.

I did not attend the hearing with the client as I didn’t have the capacity to do so but they’ve been on the phone this afternoon to tell me that they’ve lost their appeal and had the mobility component taken away from them as well. I intend to ask for the Statement of Reasons and Record of Proceedings as I’m somewhat blown away by the outcome.

In the meantime what happens regarding the PIP that the client has been paid over the last fifteen months (the history of this appeal is somewhat convoluted)? Do they have to repay it? I’ve glanced through CPAG but cannot find anything that’s completely clear on what happens next?

Martin Williams
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Welfare rights advisor - CPAG, London

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CHAC Adviser - 06 January 2020 02:15 PM

I’ve had a situation here that I’ve not come across before. The client was on the standard rate of mobility and we appealed for standard daily living and enhanced mobility. I was content that the points for the standard rate of mobility were secure so didn’t have a concern with putting the mobility component at issue.

I did not attend the hearing with the client as I didn’t have the capacity to do so but they’ve been on the phone this afternoon to tell me that they’ve lost their appeal and had the mobility component taken away from them as well. I intend to ask for the Statement of Reasons and Record of Proceedings as I’m somewhat blown away by the outcome.

In the meantime what happens regarding the PIP that the client has been paid over the last fifteen months (the history of this appeal is somewhat convoluted)? Do they have to repay it? I’ve glanced through CPAG but cannot find anything that’s completely clear on what happens next?

PIP overpayments are dealt with under s.71 SSAA 1992 and are therefore only sometimes recoverable (ie where the s.71 test is met) (handbook page 1233 read with page 1229 - it isn’t listed on page 1229 and so the rule at page 1233 applies).

Thinking about whether this overpayment occurred due to a failure to disclose or misrepresentation of a fact: it almost certainly did not. It probably arose because the FTT took a different view of the same evidence as the SSWP or had additional evidence etc- rather than a mistake about a primary fact- see page 1234 on difference between opinion and fact etc).

So it won’t be recoverable.

I’ve never seen DWP try to recover in these sort of cases.

In any event hopefully you will get the decision overturned once you receive the statement of reasons etc. See the CPAG Upper Tribunal Assistance Project if you want someone to help with grounds etc.

M