Worley v Secretary of State for Works and Pensions

Social security – Personal independence payments. The Upper Tribunal (Administrative Appeals Chamber)(the tribunal) had been right in its interpretation of the Personal Independence Payment (Transitional Provisions) Regulations, SI 2013/387. It was accepted that the appellant was a 'transfer claimant' and reg 17 was clear. It applied to all 'transfer claimants'. Regulation 3(5) brought a person in the appellant's position (notifying the Secretary of State for Work and Pensions of a change of circumstances) within the definition of a 'transfer claimant'. Consequently, the Court of Appeal, Civil Division, among other things, dismissed the appellant's appeal against the tribunal's decision that the plain language of the relevant regulations meant that her award for personal independence payments (PIP), following a previous claim for disability living allowance, could not be effective from the date of her PIP claim.

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