Administrative / Public Law · Upper Tribunal (Administrative Appeals Chamber)
TES v The Secretary of State for Work and Pensions
Checked against the judgment on 23 August 2026 · how we verify
Facts
TES claimed personal independence payment on 4 April 2022. Following a telephone medical assessment on 18 June 2022, the Department for Work and Pensions, acting for the Secretary of State, awarded him no points and refused the claim on 29 June 2022. He appealed successfully: on 25 August 2023 a First-tier Tribunal awarded him 8 points for daily living activities (descriptors 1.b, 4.b, 5.b and 6.b) and 4 points for mobility (descriptor 2.b), giving him the daily living component from 4 April 2022 to 3 April 2027. On 21 December 2023 he reported that he had suffered a heart attack in July 2023, causing extreme chest pain and breathlessness on slight exertion, and the Department reviewed the award. After a further telephone assessment on 22 April 2024, a decision-maker superseded the First-tier Tribunal's award: the same 8 and 4 points were retained, but the award was made ongoing rather than ending on a fixed date. That decision was maintained on mandatory reconsideration on 14 August 2024. TES appealed; the First-tier Tribunal determined the appeal on the papers on 24 February 2025, confirming the Department's decision, and issued a Statement of Reasons on 22 May 2025. A salaried First-tier Tribunal judge refused permission to appeal on 7 August 2025, and TES applied directly to the Upper Tribunal, which granted permission on 29 December 2025.
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