Pip tribunal

Hi Candycrush,
I'm afraid your rep is correct. This derives from s.12(8) Social Security Act 1998
12(8)In deciding an appeal under this section, [F15the First-tier Tribunal]—

(a)need not consider any issue that is not raised by the appeal; and

(b)shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.

S12(8)(b) is rather peculiarly worded but basically means new health problems can't be considered to create new or greater points. That's not to say that worsening health is never relevant. Particularly on an initial claim when you need to satisfy that you will continue to have health issues/disabilities for 9 months after the initial claim. Then, worsening or continuing health clearly proves the 9 mth rule, at a tribunal where eg DWP allege only a transitory health problem and award few or zero points.
Worsening health for ongoing claims at appeal is also relevant in terms of continuing to prove eligibility for PIP because there are still disabilities.
Be aware that an x-ray or scan etc taken now may still be relevant. Disease such as arthritis tends to worse over some time. Today's scan results are indicative of a long term process, so even a present day report can still inform about ongoing illness. (And such evidence can be used in this respect.)
Here's a thought.
The tribunal can make any decision that DWP can lawfully make. There is a possibility to argue that the appeals process has taken so long that if the decision had been made in your favour initially, you would have been paid appropriately, and then eg 2years ago when your health declined you apply for a revised decision to take account of your worsening health. And then DWP agree and therefore increase your award. The delays have meant you have lost that ability to increase an award. You can ask the tribunal to make the correct awards eg from different dates to reflect health declined. This may or may not work, but is worth a try. Otherwise you would be need to apply for an immediate supersession to get the relevant increase in points.
If you have time (and maybe one for your Rep?) write in to tribunal and make the above point. Specifically mention (if correct) delays not your fault and it would be in the interests of justice to do this. You could specifically ask effectively for another parallel appeal to coincide with when you health declined. This could work but it very much depends on the tribunal.
Two further things to consider. You may be lucky and get another light touch, which if so should take place in several years. If not then there's a danger if getting an award from tribunal and then DWP sending a another review immediately. You could mention to the tribunal about the delays, you have already had a light touch review and if they were minded to make an award could this run for a reasonable time to avoid an immediate review given the situation and long delays.
Final point. Not all worsening health will give rise to extra points and hence an award or an increase in an existing award.
The obvious example is that if you previously could only walk 199 m and now can only manage 60m, that is on paper a big reduction in ability, but the descriptor provides 4 points for walking 50-200m so no difference in score!
Similarly even though eg arthritis is worse if you already need help to dress your lower body clothing you will only achieve more points if you can show you now qualify at a higher scoring level, eg you now need help to put on upper body clothing or you can't dress at all.
If, however, you can correctly score more points due to increased disability then be clear when the health declined happened. Unless you suddenly became ill or had an accident etc illness can creep up on people. You wake up one morning and think hmm I used to be able to bend down and pull up trousers. I can't do this. That might set you thinking. Hmm I did have some trouble last March, when I was getting ready for sister's wedding. ...and actually before that too, when Mum came to stay in October. Etc etc. Have a think and see if you can narrow down the date.
I hope this helps.
Let us know how you get on, and good luck!
LL26