PIP appeal and set aside decision

Hello,
I have a client who was in receipt of PIP. He was getting standard rate daily living and lower rate mobility. He believes he should have been getting the higher rate. We challenge the decision and it went to appeal. Unfortunately the tribunal found he is not eligible for PIP. They took what he is getting away which was weird. I know it can happen but he is clearly suffering due to his disability.
After the hearing, we notice there was a direction of noticed issued by the tribunal which we did not receive till after the hearing.
We then ask for the decision to be set aside but the tribunal uphold their original decision.
Client understand PIP will likely stop benefit following the tribunal decision. He is worried PIP may ask him to pay the money back which he does not have. He wanted to ring PIP but we are not sure if that is a good idea or he should just wait.
On that note, we are not sure if we should wait for PIP respond or go ahead and request a new PIP form while looking on options on how to challenge the decision. Unfortunately we do not deal with UT cases as we do not have capacity to do so.
Has anyone had a similar situation before?
Any tips will be very much appreciated
Thanks

Assuming the tribunal’s decision was not expressly made on the basis that there was a change of circumstances from X date which meant that the claimant was not entitled from Y date and that he was aware said change of circumstances should be disclosed then there will be an overpayment but PIP will not try to recover it. In any event, the tribunal has only decided the claimant was not entitled from X date - a decision that the claimant was overpaid and the overpayment is recoverable has not been made and would need to be made (by the DWP not the tribunal) before there could be any recovery.

I’m not going to get into the business of whether the FtT erred in law in its decision and whether there might be viable grounds for an appeal to the UT - you’ve already said that you don’t have the capacity to deal with these issues. But what you do need to do as soon as possible is to request a statement of reasons for the tribunal’s decision (if you’ve not already done so) and refer the client out to an organisation that does have capacity.

What was the directions notice?

The direction of notice stipulated the 2018 PIP application is word for word the 2020 application .He did not get the 2018 but got the 2020 and the tribunal wishes to know if there was an explanation. There was also a need for additional evidence inline with PIP claim of 2018 though the claim was unsuccessful.

Do ask for a statement of reasons. The Upper Tribunal Project at CPAG could help with advising on whether there are grounds- and if you cannot do then we can try and find someone who can if we cannot to directly ourselves.

Martin.