![[2023] UKUT 288 (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 24 March 2022 under file number SC322/21/00074 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 24 March 2022 under file number SC322/21/00074 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. The decision the First-tier Tribunal should have made is as follows:
The Tribunal dismisses the claimant’s appeal against the Secretary of State’s decision of 10 May 2020.
REASONS FOR DECISION
The parties to this appeal to the Upper Tribunal and the Upper Tribunal Judge
The Appellant in this appeal to the Upper Tribunal is the Secretary of State for Work and Pensions, while the claimant is now the Respondent. To avoid confusion, I refer to the parties in this decision as ‘the Secretary of State’ and ‘the claimant’ respectively. This appeal was previously case managed by Upper Tribunal Judge Hemingway but has been re-allocated to me as a result of that judge’s recent retirement.
The outcome of this appeal
The Secretary of State’s appeal to the Upper Tribunal succeeds.
- 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 24 March 2022 under file number SC322/21/00074 was made in error of law
- The factual background
- The decision(s) of the First-tier Tribunal
- The Secretary of State’s ground of appeal on the FTT’s second decision
- Discussion
- Was the FTT correct to direct the UC claim to be treated as one for IRESA?
- The claimant’s arguments
- Disposal
- Conclusions