PIP Mandatory Reconsideration and Appeals 3 — Questions and Answers
Question 1: At a PIP tribunal hearing, who is typically present on the panel?
- A judge only
- A judge and a disability expert
- A judge, a doctor, and a disability expert (Correct answer)
- Two judges and a welfare rights advisor
Correct answer: A judge, a doctor, and a disability expert
PIP tribunal panels usually consist of a legally qualified judge, a medical member (doctor), and a disability expert.
Question 2: What does 'setting aside' a tribunal decision mean?
- The tribunal dismisses the appeal without a hearing
- An administrative decision to cancel and re-hear a case due to a procedural error (Correct answer)
- The DWP withdraws its opposition to the appeal
- The appellant chooses not to attend the hearing
Correct answer: An administrative decision to cancel and re-hear a case due to a procedural error
Setting aside allows a tribunal decision to be cancelled and re-heard if there was a procedural error, such as not receiving notice of the hearing.
Question 3: What is the role of a 'presenting officer' at a PIP tribunal hearing?
- They represent you and argue your case
- They are a DWP representative who explains the DWP's decision (Correct answer)
- They are a tribunal clerk who manages paperwork
- They are an independent medical advisor
Correct answer: They are a DWP representative who explains the DWP's decision
A presenting officer is a DWP representative who attends the tribunal to explain and defend the original decision.
Question 4: Can you bring a representative or support person to your PIP tribunal hearing?
- No, you must attend alone
- Yes, anyone can accompany you and a qualified representative can argue your case (Correct answer)
- Yes, but only a qualified solicitor may speak
- Only an approved welfare rights officer may represent you
Correct answer: Yes, anyone can accompany you and a qualified representative can argue your case
You can bring a friend, family member, or representative such as a welfare rights adviser, and a qualified representative may present your case.
Question 5: If the tribunal finds in your favour, what can it do?
- Only recommend the DWP reconsider the decision
- Award or increase PIP components and set a new award period (Correct answer)
- Order compensation for the period without payment
- Refer the case back to a different DWP office
Correct answer: Award or increase PIP components and set a new award period
The tribunal has the power to substitute its own decision, awarding or increasing the daily living or mobility component and setting the award end date.
Question 6: What is an 'Upper Tribunal' in the context of PIP appeals?
- The first level of independent appeal for PIP decisions
- A higher court that hears appeals against First-tier Tribunal decisions on a point of law (Correct answer)
- A specialist DWP review board
- A government ombudsman for benefit disputes
Correct answer: A higher court that hears appeals against First-tier Tribunal decisions on a point of law
The Upper Tribunal (Administrative Appeals Chamber) hears challenges to First-tier Tribunal decisions, but only on points of law, not facts.
Question 7: What does 'permission to appeal' mean in the Upper Tribunal process?
- Automatic right to a second tribunal hearing on the same facts
- A gatekeeping step where you must demonstrate an arguable error of law before the case proceeds (Correct answer)
- A DWP approval required before you can challenge a tribunal decision
- A legal aid application needed to fund the appeal
Correct answer: A gatekeeping step where you must demonstrate an arguable error of law before the case proceeds
Before the Upper Tribunal hears your case, you must obtain permission by showing there is an arguable point of law in the First-tier Tribunal's decision.
PIP Mandatory Reconsideration and Appeals 3
At a PIP tribunal hearing, who is typically present on the panel?