Social Security Case Law - Winter 2024

Headnote

The Upper Tribunal clarifies the starting date for a DLA to PIP claim when the original determination is overturned at appeal.

Case Overview

This case concerned the correct starting date for an award of PIP following a claimant’s transfer from DLA. It was held that the First-tier Tribunal erred in law because it applied the general rule rather than the exception when it comes to the correct starting date. The decision was set aside and remade amending the appellant’s start date.

The general rule in DLA transfer cases is that the start date for entitlement to PIP is determined by reference to the date of the Secretary of State’s entitlement decision, and not the date of the PIP claim (see regulation 17(1)(b) and 17(2)(a) and RS v Secretary of State for Work and Pensions (PIP) [2016] UKUT 85 (AAC)). However, there is an exception for cases in which the claimant has been subject to a negative determination which is then reversed on revision or appeal. In these cases, the start date for PIP entitlement is determined by reference to the original date on which the DLA claim was terminated following the negative determination (see regulations 13 and 17(2)(b)) [para 2].