The Secretary of State’s grounds of appeal
The Secretary of State’s grounds of appeal
The Secretary of State advances three grounds of appeal.
The first is that the Tribunal failed properly to apply Article 15(1) to the facts as they were found, in that it should have taken into account that the occupation of Concierge Team Leader was still suitable for the claimant for the purposes of Article 15(1)(b).
The second ground of appeal is that the Tribunal failed properly to apply Article 15(1) to the facts as they were found, in that it should not have taken into account the claimant’s new job as a Concierge and its (lower) salary.
The third ground of appeal is that no person or tribunal acting judicially and properly instructed as to the law could have come to the decision the Tribunal reached.
This last ground of appeal adds nothing to the first two grounds so I propose to say no more about it.
- 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
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