Administrative / Public Law · Upper Tribunal (Administrative Appeals Chamber)
DN v The Secretary of State for Work and Pensions
Checked against the judgment on 4 September 2026 · how we verify
Facts
The claimant, referred to in these anonymised proceedings as DN, claimed personal independence payment. By a decision dated 11 July 2024 the Secretary of State for Work and Pensions awarded her 5 points for the daily living component and 0 points for the mobility component, with the result that she was not entitled to either component of personal independence payment from and including 17 April 2024. That decision was reconsidered but not revised on 26 September 2024, and the claimant appealed to the First-tier Tribunal (Social Entitlement Chamber). The matter came before a tribunal sitting at Fox Court, comprising Judge Borrow, Dr Potter and Ms Keen, on 29 July 2025. The claimant did not attend, having elected for the matter to be determined on the papers, and the Tribunal considered it fair to proceed in her absence. It refused the appeal, making the same findings as the Secretary of State: 5 points for daily living and none for mobility, and so no entitlement to either component from and including 17 April 2024. On 27 February 2026 Upper Tribunal Judge West granted the claimant permission to appeal, considering it arguable that the Tribunal had erred in law for the reasons in her grounds. The Secretary of State provided submissions on 7 April 2026 supporting the appeal, and the claimant replied briefly on 29 April 2026. The Upper Tribunal decided the appeal on consideration of the papers.
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