![[2023] UKUT 246 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
The Secretary of State’s decision on the new claim for ALSO
The Secretary of State’s decision on the new claim for ALSO
Thus, on 23 December 2020 the claimant made a fresh application for ALSO. On 28 January 2022 – and it is unclear from the appeal file quite why the decision-making process took more than a year – Veterans UK wrote to the claimant refusing his application in the following terms:
We have considered your claim and confirmed that you are not entitled to an Allowance for Lowered Standard of Occupation. We have only been able to take into account the effect of your accepted conditions have on your working ability.
We have confirmed you are earning more in your present job of Concierge Team Leader than you would if you were still in your service occupation of Private.
This reasoning was not strictly accurate in that the claimant’s “present job” by that time was as a Concierge, not a Concierge Team Leader. The letter added that the claimant’s civilian occupation (in the latter capacity) provided earnings of £690.88 a week whereas the pay for his regular service occupation was £535.86. He was also advised of his appeal rights.
- 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