pipinfo

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.


Legislation

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.


Case law

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 [2015] 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 [2015] UKUT 275 (AAC). | Add commentary or suggest an edit