Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 4 (AAC)

Fecha: 13-Jul-2022

The decision of the Upper Tribunal is to allow the appeal

The decision of the Upper Tribunal is to allow the appeal.

The decision of the First-tier Tribunal, taken on 13 July 2022 (case ref. SC 154/22/00623), involved an error on a point of law. Under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007, the Upper Tribunal sets aside the First-tier Tribunal’s decision. Under section 12(2)(b)(i) of that Act, the Upper Tribunal remits this case to the First-tier Tribunal for reconsideration in accordance with the following directions:

(1)

The panel of the First-tier Tribunal that redetermines the Appellant’s appeal against the Secretary of State’s decision must not include any person who was a member of the panel whose decision the Upper Tribunal has set aside.

(2)

The First-tier Tribunal must hold a hearing before redetermining the Appellant’s appeal.

(3)

If either party wishes to rely on further written evidence or submissions, they are to be received by the First-tier Tribunal within one month of the date on which this decision is issued.

Apart from direction (1), the above directions may be modified by direction given by the First-tier Tribunal.

The parties are reminded that the First-tier Tribunal must not take into account circumstances after 14 October 2021, the date of the Secretary of State’s decision (section 12(8)(b), Social Security Act 1998). Evidence generated after that date may be taken into account if the First-tier Tribunal considers it relevant to the circumstances at 14 October 2021.