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Conclusions
Conclusion
I therefore conclude that the decision of the First-tier Tribunal involves an error of law. I allow the appeal and set aside the decision of the tribunal (Tribunals, Courts and Enforcement Act 2007, section 12(2)(a)). The decision of the First-tier Tribunal is re-made as above (section 12(2)(b)(ii)). My decision is also as set out above.
Nicholas Wikeley
Judge of the Upper Tribunal
Authorised for issue on 4 July 2023
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 11 August 2021 under number SC065/18/00926 was made in error of law. Under section 12(2)(a) a
- This appeal to the Upper Tribunal: the result
- The benefits adjudication and appeals machinery
- The Appellant’s first Personal Independence Payment FTT appeal
- Pausing there
- The Appellant’s second Personal Independence Payment FTT appeal
- The proceedings and submissions before the Upper Tribunal
- The Upper Tribunal’s analysis
- The First-tier Tribunal’s disregard of the Upper Tribunal’s direction on remittal
- The First-tier Tribunal’s confusion as to the correct date for the supersession
- The First-tier Tribunal changed its mind after announcing its decision
- Summary of Upper Tribunal’s analysis
- Disposal of the appeal
- Conclusions