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Conclusions
Disposal
For these reasons, I allow the Secretary of State’s appeal, but I am also satisfied that the Secretary of State’s original decision was defective. I set aside the decision of the First-tier Tribunal, and substitute the decision set out above.
Mark Rowland
Deputy Judge of the Upper Tribunal
Authorised for issue on 26 May 2023
- 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 29 September 2021 was made in error of law. Under section 12(2)(a) and (
- Employment and support allowance and imprisonment – the relevant legislation
- The facts and the procedural history
- The effect of imprisonment in this case
- Reinstatement
- Conclusions