[2023] UKUT 246 (AAC)

I allow the Secretary of State’s further appeal to the Upper Tribunal. This is because the decision of the First-tier Tribunal involves a legal error. For that reason, I set aside the Tribunal’s decision. I re-make the decision that the Tribunal should have made. This is that the claimant’s appeal against the Secretary of State’s decision dated 28 January 2022 is refused. This is because the claimant is not entitled to ALSO with effect from the date of claim (23 December 2020) or from any later date (e.g. 1 November 2021) before the date of decision.

In this decision I refer to the Appellant as the Secretary of State to avoid any confusion. I refer to the Respondent as the claimant for the same reason. To protect the claimant’s privacy, and to avoid the risk of ‘jigsaw identification’, I refer to the claimant’s former employer in those terms rather than by their name.