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England and Wales Case Law

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Social security law

FED v The Secretary of State for Work and Pensions

The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for errors of law and remitted the case for rehearing before a fresh tribunal.

  • Personal independence payment (pip)
  • Mandatory reconsideration
  • Official error
  • Tribunal procedure
  • Supersession of benefit decisions
  • Personal-independence-payment
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Social security law

RB v Secretary of State for Work and Pensions (PIP)

The Upper Tribunal allowed an appeal in a PIP case, finding the First-tier Tribunal erred by drawing inferences from GP contact and medication without adequate explanation.

  • Personal independence payment (pip)
  • Tribunal procedure
  • Error of law
  • Disability benefits
  • Personal-independence-payment
  • Social-security-appeals
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Social security law

NRB v The Secretary of State for Work and Pensions

The Upper Tribunal allowed a PIP appeal after finding the First-tier Tribunal committed a material procedural irregularity by not adjourning when the appellant became distressed during evidence.

  • Personal independence payment (pip)
  • Procedural fairness
  • Error of law
  • Tribunal procedure
  • Disability benefits
  • Personal-independence-payment
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Social security law

SM v The Secretary of State for Work and Pensions

The Upper Tribunal set aside a First-tier Tribunal PIP decision for legal error and inadequate findings on engaging with others and remitted the case for rehearing.

  • Personal independence payment (pip)
  • Tribunal procedure
  • Error of law
  • Disability benefits
  • Personal-independence-payment
  • Social-security-appeals
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Social security

OW v Secretary of State for Work and Pensions

The Upper Tribunal allowed an appeal in a PIP case, set aside the First-tier Tribunal’s decision for error of law, and remitted it for a fresh oral hearing.

  • Personal independence payment (pip)
  • Error of law
  • Tribunal procedure
  • Disability benefits
  • Personal-independence-payment
  • Error-of-law
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Social security law

TR & Anor v Secretary of State for Work and Pensions (ESA)

The Upper Tribunal held that a late revision request on official error grounds can trigger a right of appeal, and that the First-tier Tribunal hears the case de novo.

  • Personal independence payment (pip)
  • Employment support allowance (esa)
  • Revision of decisions
  • Supersession of decisions
  • Tribunal jurisdiction
  • Mandatory reconsideration
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Social security law

NJ v The Secretary of State for Work and Pensions (PIP)

The Upper Tribunal allowed NJ’s appeal in a PIP case, setting aside the First-tier Tribunal decision for inadequate reasons and remitting the matter for a fresh rehearing.

  • Personal independence payment (pip)
  • Appeal procedure
  • Adequacy of reasons
  • Error of law
  • Personal-independence-payment
  • Social-security-appeals
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Social security

SD v The Secretary of State for Work and Pensions

The Upper Tribunal allowed a PIP appeal, set aside the First-tier Tribunal’s decision, and remitted the case for a fresh hearing because it gave inadequate reasons and failed to assess evidence holistically.

  • Personal independence payment (pip)
  • Fair hearing
  • Evidence assessment
  • Reasons for decision
  • Personal-independence-payment
  • Tribunal-reasons
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Administrative law

KR v Secretary of State for Work and Pensions

The Upper Tribunal allowed a PIP appeal, set aside the First-tier Tribunal decision for error of law, and remitted the case for a fresh oral hearing.

  • Error of law
  • Tribunal procedure
  • Personal independence payment (pip)
  • Evidentiary fairness
  • Personal-independence-payment
  • Tribunal-procedure
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Social security law

DD v Secretary of State for Work and Pensions

The Upper Tribunal allowed DD’s appeal against a PIP decision, set aside the First-tier Tribunal’s ruling for error of law, and remitted the case for a fresh hearing.

  • Personal independence payment (pip)
  • Error of law
  • Adequacy of reasons
  • Fact finding
  • Tribunals, courts and enforcement act 2007
  • Personal-independence-payment
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.