PIP Mandatory Reconsideration and Appeals 4 — Questions and Answers
Question 1: Which of the following is a valid ground for challenging a First-tier Tribunal decision at the Upper Tribunal?
- You disagree with the factual findings
- The tribunal made an error of law in reaching its decision (Correct answer)
- New medical evidence has emerged since the hearing
- The DWP did not send a presenting officer
Correct answer: The tribunal made an error of law in reaching its decision
The Upper Tribunal can only intervene if the First-tier Tribunal made a legal error, such as misapplying legislation or failing to give adequate reasons.
Question 2: If you receive a DWP decision to stop your PIP and request MR, what rate of PIP continues during the MR period?
- No payments are made
- The standard rate of the daily living component only
- The rate you were receiving before the decision was made (Correct answer)
- The enhanced rate of both components automatically
Correct answer: The rate you were receiving before the decision was made
Your PIP continues at the rate in payment before the adverse decision while MR is pending, protecting you from immediate loss of income.
Question 3: What is a 'Statement of Reasons' in a tribunal appeal?
- A document the claimant submits explaining why they disagree with the DWP
- A written explanation from the tribunal detailing why it reached its decision (Correct answer)
- A DWP internal record justifying the original decision
- A form requesting postponement of the hearing
Correct answer: A written explanation from the tribunal detailing why it reached its decision
A Statement of Reasons is a written document from the tribunal explaining its legal and factual reasoning, which can be requested if you wish to challenge the decision.
Question 4: How long after a tribunal hearing can you request a Statement of Reasons?
- 7 days
- 14 days
- 1 month (Correct answer)
- 3 months
Correct answer: 1 month
You must request a Statement of Reasons within one month of receiving the tribunal's decision notice.
Question 5: What is 'supersession' in the context of PIP?
- A special fast-track appeal route for urgent cases
- A process where the DWP changes an existing PIP award due to a change of circumstances or error (Correct answer)
- A tribunal power to increase an award retrospectively
- A type of MR for people who are terminally ill
Correct answer: A process where the DWP changes an existing PIP award due to a change of circumstances or error
Supersession allows the DWP to revise an existing award when there is a change in circumstances, new evidence, or an error in the original decision.
Question 6: If the DWP does not respond to your MR request within the standard timeframe, what should you do?
- Wait indefinitely as there is no recourse
- Contact the DWP to chase the decision and document your contact (Correct answer)
- Immediately submit a tribunal appeal without an MRN
- Request a judicial review
Correct answer: Contact the DWP to chase the decision and document your contact
If the DWP is taking too long, you should contact them to chase progress, as you need the MRN before you can formally appeal.
Question 7: What happens if the First-tier Tribunal makes a decision that is worse than the original DWP decision?
- This cannot happen — the tribunal cannot reduce an award
- The tribunal can only restore the original decision, not worsen it
- The tribunal has full power to increase or decrease the award, including awarding nothing (Correct answer)
- The DWP must apply for permission before a lower award is implemented
Correct answer: The tribunal has full power to increase or decrease the award, including awarding nothing
The tribunal can substitute any decision, including one less favourable than the DWP's original decision, so your award could be reduced or removed entirely.
PIP Mandatory Reconsideration and Appeals 4
Which of the following is a valid ground for challenging a First-tier Tribunal decision at the Upper Tribunal?