[2024] UKUT 282 (AAC)

It is appropriate to exercise my discretion to set aside the tribunal’s decision dated 06 July 2023 under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007. Having done so, section 12(2)(b) of that Act provides that I must either remit the case to the First-tier Tribunal with directions for its reconsideration or remake the decision.

Neither party has asked me to remake the decision. In any event, it is necessary for further facts to be found. The First-tier Tribunal is best placed to evaluate the evidence and to make appropriate findings of fact.

I therefore remit the appeal for rehearing before a new tribunal. It will make a fresh decision about whether TL should be entitled to PIP.

Although I have set aside the tribunal’s decision of 06 July 2023, I am not making any findings, or expressing any view, about whether TL should be entitled to PIP. The next tribunal will need to hear evidence and make its own findings of fact.