Tribunal decision and PIP review

Cl was in receipt of SR DL and Mobility until a tribunal in April 20 awarded the enhanced rate of both components until 2023. Cl had to complete a PIP review in February 2020. She has now received a decision that she is entitled to SR DL and Mobility going forwards. How does the April tribunal decision and award weigh in this situation?

The DWP can supersede the Tribunal’s decision on receipt of medical evidence as under reg 26 D&A Regulations, so the decision is legitimate in the sense that the DWP can do this. However the fact that the Tribunal awarded a higher rate until 2023 strongly suggests that the evidence doesn’t support the new decision.

I would put in an MR on the basis that the decision is at odds with what the Tribunal decided and the Tribunal’s award should be left in place. I would expect that either it will be revised on MR or they will lapse it if it goes to appeal.

Thanks Elliot, that’s very helpful.