These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal
These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal.
REASONS FOR DECISION
Introduction
The appellant seeks permission to appeal against the First-tier Tribunal’s decision of 29 November 2023 refusing the appellant’s appeal against the decision of the Secretary of State of 4 August 2022 that the appellant was not entitled to Personal Independence Payment (PIP) under Part 4 of the Welfare Reform Act 2012 (WRA 2012) and The Social Security (Personal Independence Payment) Regulations 2013 (SI 2013/377) (the PIP Regulations).
The Secretary of State had awarded the appellant 2 points on daily living activity 8 for needing an aid or appliance (overlays) to read, but no other points. On appeal, the First-tier Tribunal awarded him an additional two points for daily living activity 1 as he can only prepare and cook a meal with a microwave. However, this was insufficient to entitle to him to any award of PIP so the Secretary of State’s decision as confirmed.
The First-tier Tribunal’s Statement of Reasons (SoR) was issued on 25 March 2024 and permission to appeal was refused by the First-tier Tribunal in a decision issued on 20 November 2024. The appellant filed the notice of appeal to the Upper Tribunal on 18 December 2024 (in time).
I granted permission to appeal and the Secretary of State in response indicates that she supports the appeal. Both parties have consented to me giving a decision on the papers and I am content that it is in accordance with the overriding objective for me to do so.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals, Courts and Enforc
- These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal
- Why I am allowing the appeal
- Conclusions
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