[2024] UKUT 289 (AAC)

AM

Appellant

-v-

Secretary of State for Work and Pensions

Respondent

Before Thomas Church, Judge of the Upper Tribunal

Decided on the papers without a hearing

Decision: As the decision of the First-tier Tribunal (which it made at Bradford on 19 December 2023 under reference SC240/22/00512) involved the making of an error of law, it is set aside and the case is remitted to the First-tier Tribunal for rehearing before a differently constituted panel.

This decision is made under Section 12 of the Tribunals, Courts and Enforcement Act 2007.

DIRECTIONS FOR THE REHEARING:

A. The First-tier Tribunal must (by way of an oral hearing) undertake a complete reconsideration of the issues that are raised by the appeal and, subject to the First-tier Tribunal’s discretion under Section 12(8)(a) of the Social Security Act 1998, any other issues that merit consideration.

B. The First-tier Tribunal hearing the remitted appeal shall not involve the members of the panel who heard the appeal on 19 December 2022.

C. In reconsidering the issues raised by the appeal the First-tier Tribunal must not take account of circumstances which were not obtaining at the date of the original decision of the Secretary of State under appeal. Later evidence is admissible provided it relates to the time of the decision: R(DLA) 2 & 3/01.

D. If the claimant has any further evidence to put before the First-tier Tribunal this should be sent to the regional office of Her Majesty’s Courts and Tribunals Service within one month of the date on which this decision is issued. Any such further evidence must relate to the circumstances as they were at the date of the decision of the Secretary of State under appeal (see Direction C above).

E. The First-tier Tribunal hearing the remitted appeal is not bound in any way by the decision of the previous First-tier Tribunal. Depending on the findings of fact it makes the new panel may reach the same or a different outcome from the previous panel.

REASONS FOR DECISION