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;...
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). | Add commentary or suggest an edit
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)
- 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)