[2024] UKUT 90 (AAC)

The parties are reminded that the law prevents the First-tier Tribunal from taking into account circumstances not obtaining at the date of decision under appeal (section 12(8) of the Social Security Act 1998). This does not prevent the tribunal from taking into account evidence that came into existence after that date if it says something relevant about the circumstances at 15^th July 2019.The FTT may wish to consider the decisions of Commissioner Jacobs (as he then was) in R(DLA) 2/01 and R(DLA) 3/01 and make findings of fact on whether the post decision evidence was a “fresh circumstance” para 62 R(DLA) 3/01 or simply the continuation of a pre-existing condition reflecting the natural vagaries of the Appellant’s epilepsy.

Judge of the Upper Tribunal

Date 1^st March 2024

Corrected on 19.7.24 (paragraph 7)