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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 3 July 2023 under SC154/23/00620 was made in error of law. Under section 12(2) (a) and (b)(i)
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 3 July 2023 under SC154/23/00620 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered by a fresh tribunal in accordance with the following directions.
Directions
This case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.
The members of the First-tier Tribunal who reconsider the case should not be the same as those who made the decision which has been set aside.
The parties should send to the relevant HMCTS office within one month of the issue of this decision, any further evidence upon which they wish to rely.
The new First-tier Tribunal is not bound in any way by the decision of the previous tribunal. It will not be limited to the evidence and submissions before the previous tribunal. It will consider all aspects of the case entirely afresh and it may reach the same or a different conclusion to the previous tribunal.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 3 July 2023 under SC154/23/00620 was made in error of law. Under section 12(2) (a) and (b)(i)
- These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal
- First, whether a device can constitute an aid as defined in Social Security (Personal Independence Payment) Regulations 2013 (“the Regulations”), in circumstances where the device is a structural feat
- I am grateful to the Respondent for the supplementary submissions which are directed to the above issues The general scheme of the Welfare Reform Act 2012 and the Social Security (Personal Independence Payment) Regulations 2013
- Interpretation under Regulation 2, Schedule 1, Part 1 of the Social Security (Personal Independence Payment) Regulations 2013
- Supervision, prompting and assistance
- Regulation 4(2A) of the Social Security (Personal Independent Regulations) 2013
- Regulation 4(4) defines these concepts as follows
- The provision under consideration in the present case
- The context in which the present issues arise
- The Findings of the First-tier Tribunal
- The Appellant’s Grounds of Appeal
- Grant of Permission to Appeal
- The Secretary of State’s argument on the unsupported ground of appeal
- Analysis and Reasons
- Aids and Unadapted Bath or Shower
- As applied to the facts as found in this appeal
- Conclusions