![[2023] UKUT 246 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
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 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. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and re-make the decision that the First-tier Tribunal should have made as follows:
The Appellant’s appeal is dismissed.
The Secretary of State’s specified decision dated 28 January 2022 is confirmed.
The Appellant’s claim for an Allowance for Lowered Standard of Occupation under Article 15 of the Service Pension Order is not allowed with effect from 23 December 2020 (nor is it allowed with effect from 1 November 2021). This is because the Appellant was not incapable of following an occupation with equivalent gross income to that of his regular service occupation.
REASONS FOR DECISION
- 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