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LB v SSWP

[2025] UKUT 326 (AAC)

Tribunals – risks of drawing inferences from the medical treatment that a claimant has (or has not) received), and from fact claimant had not been issued with aids and appliances

Decision in brief

Wise to consider the risks and carefully explain its decision in that regard – MM v SSWP (ESA) [2018] UKUT 446 (AAC) approved – such inferences may legitimately be made, but doing so is risky and the tribunal’s reasons do not suggest it was alive to the potential difficulties

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2024-001710-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

MK v SSWP (PIP)

[2025] UKUT 272 (AAC)

Personal independence payment – supersession of current award

Decision in brief

Receipt of official medical report was itself a ground for supersession under regulation 26(1)(a) of the Universal Credit (etc.) (Decisions and Appeals) Regulations 2013 – but tribunal’s confirmation of removal of mobility award was entirely based on its finding that the claimant could drive an automatic car and had used an airport – tribunal failed to investigate the evidence and/or make adequate finding of fact and/or provide adequate reasons for its decision

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2025-000199-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

MA v SSWP (PIP)

[2025] UKUT 288 (AAC)

Personal independence payment – claims

Decision in brief

Claimant was in India at the time the claim was made in December 2021, but had returned to the UK on 9 April 2022 and was in the UK by the time the claim was decided in July 2022 – claim was refused on basis that claimant was not in the UK when claim was made – but that was wrong as it was instead required to consider the claimant’s circumstances down to the date the claim was decided by the decision maker – claimant therefore satisfied requirement to be in Great Britain in from 9 April 2022 and his entitlement was to be determined from that date

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2024-001779-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

MP v SSWP (PIP)

[2025] UKUT 240 (AAC)

Personal independence payment daily living activity 1 (preparing food)

Decision in brief

Claimant with back and leg pain – ability to move around or carry items in a kitchen is not relevant – ‘preparing’ and ‘cooking’ a meal not connected in the test and ‘making food ready for cooking’ does not include carrying food to where it is to be cooked

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2023-001664-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

PJ v SSWP

[2025] UKUT 284 (AAC)

Universal credit – income – tribunal erred in treating claimant’s withdrawals from his self-invested personal pension as income

Decision in brief

The withdrawals were not ‘steady’ or ‘uniform’, were not repeated at fixed times or at uniform intervals and were not in respect of a period of time – although under regulation 46(3) of the Universal Credit Regulations 2013 sums (including, for example, annuities) are to be treated as income if ‘paid regularly and by reference to a period’, the withdrawals in this case did not meet that definition

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2024-000853-ULCW and UA-2024-00855/6-USTA
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

RH v SSWP (PIP)

[2025] UKUT 252 (AAC)

Personal independence payment – need to rest before starting an activity and to rest between activity

Decision in brief

Claimant with chronic fatigue syndrome – need to rest before starting an activity is not a relevant part of the test, which is about the claimant’s ability to carry out the activity and so is about performance not anything wider – however, need to rest between activities, including need to rest before an activity is repeated, in order to be able to carry out activity ‘repeatedly’ is part of the test (in regulation 4(2A)(c) of the Social Security (Personal Independence Payment) Regulations 2013) and can be taken into account

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2024-000516-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website

TL v SSWP

[2025] UKUT 296 (AAC)

Personal independence payment – activity 9 (engaging with other people face to face)

Decision in brief

RC v SSWP (PIP) [2017] UKUT 352 (AAC) (a brief conversation with a stranger about the weather does not involve establishing a relationship) remains good law – not undermined by Hickey v SSWP [2018] EWCA Civ 851 (ie, Hickey does not provide otherwise)

Jurisdiction
Upper Tribunal
On
Appeal reference
UA-2023-001274-PIP
Date of decision
Date published by CPAG
Read the judgment on the GOV.UK website
Online
Relevant to
Scotland,

Adult disability payment caselaw update

Adult disability payment (ADP) is now well-established as the Scottish disability benefit for working-age people and there is a significant, and growing, body of ADP caselaw emerging from the Upper

Event on
3 Dec 2026

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