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An outline of the course of the appeal
An outline of the course of the appeal
The Veterans UK decision-maker, acting on behalf of the Secretary of State for Defence, decided that the claimant was not entitled to ALSO. This was on the basis that the claimant was not incapable of following an occupation with equivalent gross income to that of his regular service occupation. The claimant appealed to the First-tier Tribunal, which allowed his appeal in part. The Secretary of State, in the form of Veterans UK, now appeals to the Upper Tribunal against the decision of the First-tier Tribunal.
- Heading
- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 26 October 2022 under case number SD/00065/2022 was made in error of law
- The subject matter of this appeal to the Upper Tribunal
- An outline of the course of the appeal
- A summary of the Upper Tribunal’s decision
- The legal background to ALSO
- The factual background to this appeal
- The Secretary of State’s decision on the new claim for ALSO
- The claimant’s appeal to the First-tier Tribunal
- The First-tier Tribunal’s decision
- The proceedings before the Upper Tribunal
- The Secretary of State’s grounds of appeal
- Analysis
- Conclusions