In determining entitlement to PIP, issues may arise concerning the validity or relevance of evidence. Where there is conflicting evidence, a decision has to be made as to which should be given the greater weight. Whilst there has been PIP case law concerning evidence issues, case law from other disability, incapacity and limited capacity for work benefits may also be relevant.

NB - in Scotland, adult disability payment is replacing personal independence payment and Social Security Scotland has provided guidance in relation to evidence in Gathering supporting information for Adult Disability Payment and Understanding and interpreting supporting information for Adult Disability Payment.

Case law

Commentary:​ The High Court in Northern Ireland has ruled in a judgment delivered on 7 July 2020 ([2020] NIQB 53) that the statutory framework for special rules claims for terminally ill PIP claimants - maintained in Northern Ireland in parity with DWP provision in Great Britain - is discriminatory as a result of the difference in treatment of terminally ill claimants who cannot reasonably meet the six-month criterion to claim. | Add commentary or suggest an edit.