Considering DLA when looking at PIP appeal. 

R(M)1/96 addressed the First-tier Tribunal’s duty to give reasons when there’s lesser entitlement to DLA than was previously awarded.

You will find more help here > https://pipinfo.net/issues/transitional-issues

Rules on withdrawal are here > https://www.legislation.gov.uk/uksi/2008/2685/article/17/made

Presume you have made something of the medical evidence?

No they can’t make a decision on the previous DLA award but can make a decision, I guess, that they were entitled to a higher award, but I doubt it.

If however, they think the claimant was not entitled before transfer then it may cast doubt on entitlement to PIP or at least their own evidence doesn’t count for much or something.

The tribunal can remit back to the DM.

In the end there’s a gulf between ‘need not’ and ‘shall not.’

(8)In deciding an appeal under this section, an appeal tribunal—
(a)need not consider any issue that is not raised by the appeal; and
(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

“Section 12(8)(a) therefore does not limit the overall jurisdiction of an appeal tribunal, but grants it a discretion as to the extent to which it exercises this inquisitorial role. That discretion must be exercised judicially. An appeal tribunal is under a duty to consider whether or not to exercise the discretion where the circumstances could warrant it and would err in law by failing to do so or by failing to give adequate reasons for its conclusion.”

Any excuse to reference the ‘elephants in the room’.

https://www.gov.uk/administrative-appeals-tribunal-decisions/dr-v-secretary-of-state-for-work-and-pensions-pip-2018-ukut-209-aac

The UT did not go back to the DLA decision - but a pointed suggestion to the Secretary of State that it might be a good idea…

“33 Is there a second elephant in the room? The appellant was previously entitled
to DLA at the lowest rate of the care component and the higher rate of the mobility
component (section A of the Secretary of State’s Submission). On the basis of the
evidence disclosed at the hearing, the Secretary of State may wish to revisit entitlement
to DLA and, indeed, any other benefit he received which was based on disability or
incapacity for work.”

Thanks for that. That’s really helpful. It almost feels as though the Tribunal have already decided on PIP and are using this as a way of obtaining information to help the DWP review past DLA entitlement.

will have to see what Wednesday brings.