[2025] UKUT 070 (AAC)

It is appropriate to exercise my discretion to set aside the Tribunal’s decision dated 16 February 2024 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.

The Tribunal failed to hear evidence and make adequate factual findings about a number of the PIP daily living activities and the PIP mobility activity of moving around. It is therefore necessary for further facts to be found. The First-tier Tribunal is best placed to evaluate the evidence, including using its medical and disability expertise, and to make appropriate findings of fact.

I therefore remit the appeal for rehearing before a new First-tier Tribunal. It will make a fresh decision about WB’s entitlement to PIP.

Although I have set aside the Tribunal’s decision of 14 July 2023, I am not making any findings, or expressing any view, about the level of WB’s entitlement to PIP. The next tribunal will need to hear evidence and make its own findings of fact.