Practice and procedure

Practice and procedure issues relate to claims, mandatory reconsideration and appeal processes, and the responsibilities and powers of decision makers and tribunals. Whilst there has been PIP case law concerning practice and procedure issues, case law from other benefits may also be relevant.

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. Similarly in [2015] UKUT 692 (AAC), a tribunal which used its observations to inform its conclusions in respect of most if not all of the prescribed activities and then failed to put these to the claimant, was also held to have erred in law. [2017] UKUT 416 (AAC) also highlighted that, unless the Secretary of State has raised the issue of a less favourable decision in his submission, a tribunal must consciously consider whether to exercise its discretion before taking into account issues not raised by the appeal. 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).

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