[2025] UKUT 070 (AAC)

At the permission stage, I only needed to be persuaded that it was arguable with a realistic (as opposed to fanciful) prospect of success that the tribunal had made an error of law in a way that was material.

At this substantive stage, I need to be satisfied on the balance of probabilities that the tribunal did make an error or errors of law that were material.

I find that the tribunal made material errors of law for the reasons summarised in paragraphs 3 and 6 above and as set out more fully in the submissions from the SSWP’s representative.

It is appropriate to set aside the Tribunal’s decision and I direct this at paragraphs 21 to 23 below. However, I also wish to make some observations about the hearing on 14 July 2023, reflecting the matter summarised at paragraph 3(a) above.