[2023] UKUT 246 (AAC)

I therefore conclude that the decision of the First-tier Tribunal involves an error of law. I allow the appeal and set aside the decision of the Tribunal (Tribunals, Courts and Enforcement Act (TCEA) 2007, section 12(2)(a)). I re-make the decision under appeal (TCEA 2007, section 12(2)(b)(ii)). I substitute the following decision for the decision of the Tribunal, namely that the claimant’s appeal against the Secretary of State’s decision of 28 January 2022 is refused. This is because the claimant is not entitled to ALSO with effect from the date of claim on 23 December 2020 (or from 1 November 2021). This, in turn, is because the claimant was not incapable of following an occupation with equivalent gross income to that of his regular service occupation. My decision is also as set out above.