Official error, error of law & arrears. 52 weeks or longer?

Hi everyone
My question is the capital disregard of PIP arrears. If a case is won at Tribunal, the arrears are disregarded for 52 weeks. However what constitutes an official error or error of law for PIP so the arrears can be ignored for longer (legacy & UC)? A caller hasn’t spent his PIP money & has more than £16,000 & 52 weeks is up in September. If his case had gone to UT and then is heard at FTT does this counts as an error of law for the arrears?
Thanks!

The regs are referring to situations where the original DWP decision is the result of an error of law or official error which is subsequently corrected. A good example is the RJ/MH trawl - where DWP has accepted there was a systematic failure to deal with cases in a legally correct way.

This isn’t really apt for describing a typical PIP appeal, because the Tribunal has a de novo jurisdiction and completely takes over the decision making - so if you win your appeal it isn’t necessarily because of an error in the original decision as such. It also doesn’t matter if the case has gone to UT, because that is to do with errors in the appellate process, not the original decision.

A further point is that the rule doesn’t apply to UC, except for cases which have a sort of transitional protection under reg 10A UC (TP) Regs.

Thank you for clarifying Elliot! Have a good weekend:)