[2024] UKUT 282 (AAC)

The case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.

The new tribunal should not involve any of the panel members previously involved in considering this appeal on 06 July 2023.

The new tribunal must not take account of circumstances that were not obtaining at the time the (then) Secretary of State made his decision not to award TL personal independence payment on 03 January 2023: see section 12(8)(b) of the Social Security Act 1998 and R(IB) 2/04 at paragraph 188. Later evidence is admissible, provided it relates to the circumstances at the time of the decision: see R(DLA) 2/01 and R(DLA) 3/01.

If the parties have any further written evidence to put before the tribunal, this should be sent to the relevant HMCTS regional tribunal office within one month of the issue of this decision.

The 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 tribunal may reach the same or a different outcome from the previous tribunal.

Copies of this decision, the permission to appeal decision and the submission of the Secretary of State dated 07 March 2024 shall be added to the bundle to be placed before the First-tier Tribunal hearing the remitted appeal.