To ask the Secretary of State for Work and Pensions, for what reasons claimants of personal independence payments who have received a tribunal decision since the Upper Tribunal’s judgments on MH and RJ have been excluded from the administrative review.
15 July 2019
Following the MH and RJ judgments, the Department updated its guidance on Personal Independence Payment (PIP). In June 2018 it began an administrative exercise to identify claimants assessed using previous guidance to identify those who may be entitled to more support under PIP.
Claimants who have had a tribunal decision since the judgments are not being reviewed as part of the MH RJ administrative exercise. The tribunals are obliged to apply the law as it stands (including the MH and RJ Upper Tribunal judgments) to all appeals, and to award claimants accordingly. The Department does not have the legal powers to override tribunal decisions.