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Looking for a decision
Dear All
We have a PIP appeal, and the decision maker has referred to the appellant being in receipt of CA
I am sure that there was a decision that said they should avoid this approach?
Ringing bells for anyone, if it does then please let me know
Best wishes
Michael
This is dealt with In MC v SSWP (DLA) [2012] UKUT 337 (AAC) at 14 to 17 and in PB v SSWP (PIP) [2017] UKUT 493 (AAC) at 9 to 13.
The Tribunal are allowed to consider receipt of CA and it is conceptually possible that the care the claimant is providing will tend to suggest that the claimant is able to complete the PIP activities, but there is no rule of law preventing someone from getting CA and PIP and there will be a need for careful fact finding as to what the claimant is actually doing in terms of providing care and how this interacts with the other evidence.
Here are links to more info re the 2 cases that Elliot highlights:
[2012] UKUT 337 (AAC): https://www.rightsnet.org.uk/welfare-rights/caselaw/item/dla-claim-by-a-disabled-carer
[2017] UKUT 493 (AAC): https://www.rightsnet.org.uk/welfare-rights/caselaw/item/tribunals-duty-to-explain-relevance-of-pip-claimants-caring-responsibilit
Dear Both
Thank you very much, appreciated
Best wishes
Michael