Less favourable awards
A tribunal can consider both components of PIP and may, on the evidence before it, decide to make a less favourable award. Case law has considered what duties the tribunal has towards the claimant where it is considering reducing the award.
The power for tribunals to consider issues not raised by an appeal is provided by the Social Security Act 1998.
Section 12(8)(a) of the Act provides -
(8)(a) In deciding an appeal under this section, the First-tier Tribunal - (a) need not consider any issue that is not raised by the appeal;...
Source: Section 12 of the Social Security Act 1998, and article 13 of the Social Security (Northern Ireland) Order 1998 (SI.No.1506/1998 (NI.10)).
NB - in Scotland, adult disability payment is replacing personal independence payment and section 49 of the Social Security (Scotland) Act 2018 makes provision for the First-tier Tribunal to uphold the determination or to make a different determination.
Commentary: Upper Tribunal judges have repeatedly drawn attention to the pitfalls of tribunals making decisions which are less favourable to a claimant than the decision under appeal. In  UKUT 155 (AAC) a tribunal’s failure to invite a claimant to put her case on issues it later relied on to reduce her award, amounted to an error of law. While there is no protected right to points awarded by a decision-maker, the First-tier Tribunal should nevertheless advise the appellant if it has misgivings about the points in order that he or she has the opportunity to make his or her case  UKUT 275 (AAC).
For how the issue is approached in Northern Ireland (from where case law can be relied on as persuasive in Great Britain) see  NICom 1 and  NICom 6, where Chief Commissioner Mullan adopts a harder approach to notice requirements than that taken in GB case law, suggesting that tribunals should be more open to going ahead to determine appeals that are less favourable as long as appropriate notice has been given. | Add commentary or suggest an edit
Adequacy of explanation required from tribunal for not seeking potentially relevant evidence from previous DLA award when making less advantageous PIP award
-  UKUT 183 (AAC)
Tribunal’s decision awarding PIP can be superseded by Secretary of State on grounds of new medical evidence under regulation 26 / nature of supersession under regulation 26 and relationship with PIP regulation 11
-  UKUT 178 (AAC)
Whether tribunal properly concluded that entitlement to any rate of PIP was issue raised by appeal of supersession decision that only reduced entitlement / proceeding with appeal hearing in absence of presenting officer who had been directed to attend
-  UKUT 156 (AAC)
Circumstances in which tribunal should obtain evidence relating to previous DLA award when considering PIP appeal / whether tribunal needs to give reasons for reduction in award from DLA to PIP
-  UKUT 330 (AAC)
-  AACR 11
- CPIP/2386/2017 & CPIP/2307/2017
Requirement to give reasons in DLA to PIP conversion cases if PIP decision appears to be inconsistent with DLA decision
-  UKUT 16 (AAC)
Both Secretary of State and representatives should provide relevant evidence to the tribunal / requirement for tribunal to explain different outcome on PIP renewal claim
-  UKUT 506 (AAC)
Tribunals must notify represented and unrepresented claimants if contemplating removal of previously awarded points
-  UKUT 455 (AAC)
Duty of tribunal to give notice to claimant if specific concerns are raised in a hearing that may lead to a less favourable decision
-  UKUT 139 (AAC)
Having warned claimant of risk of her award being reduced on appeal, tribunal can rely on representative to advise on the appropriate action
-  UKUT 540 (AAC)
Walking stick can be an ‘aid’ for the purposes of ‘preparing food’ / First-tier Tribunal should put appellant on notice if they are considering removing points
-  UKUT 275 (AAC)
Duty of tribunal to give claimant an opportunity to consider a new issue which may result in a less favourable decision being made
-  UKUT 155 (AAC)