Social Security Case Law - Spring 2025

Headnote

The Tribunal had erred in law when determining the backdating of a Personal Independence Payment following a supersession, i.e. three month required period.

Background

The respondent had previously been awarded PIP in September 2020 until November 2023 at the standard rate of both the daily living and mobility components.

In September 2022, the respondent (DM), sought a supersession of his award on the basis of a change in circumstances in respect of his needs arising from a broken tibia, depression, anxiety and arthritis. He provided further evidence and an AR1 form in November 2022. Following a telephone consultation with a medical professional, the Department determined that they were entitled to the enhanced rate of both components from September 2022.

The respondent requested the decision to be reconsidered, but it remained unchanged. Afterwards at the Appeal, the Tribunal determined that the respondent was entitled to the enhanced rate and backdated the increased payment from February 2022.

The Department applied for leave to appeal to the Commissioner stating their disagreement with the Tribunal’s decision to backdate the payment.

Legal Issue

The Commissioner was tasked to consider whether the Tribunal had erred in law by failing to consider the required period condition for backdating an award of Personal Independence Payment, i.e. three months.

The Department also submitted an application for leave to appeal on the basis that the tribunal failed to make a determination as to whether it was reasonable to grant an extension of time for the respondent to notify the Department of the deterioration in his health.

Decision

The Commissioner allowed the appeal and decided the claimant was entitled to the enhanced rate of the daily living component and the enhanced rate of the mobility component backdated from the period beginning 23 May 2022 to 14 September 2022 inclusive. The Tribunal had erred in law by backdating the claimant’s enhanced rate payment to February and should have considered the regulations and 3-month time period condition when backdating the payment. It was noted that while the Tribunal was correct in determining a change of circumstances relevant to a change in rate/entitlement – the actual condition of entitlement included the need to satisfy the severely limited ability condition for the required three month period.

Relevant Legislation

• Article 83 & 84 of the Welfare Reform Order
• Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 (the Decisions and Appeals Regulations), Reg 35, Sch.1 & Reg 3