[2025] UKUT 132 (AAC)

Having decided the FTT’s decision involved material errors of law, it is appropriate to exercise my discretion to set aside the Tribunal’s decision dated 11 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 their reconsideration or remake the decision.

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

I therefore remit LB’s appeal for rehearing before a new First-tier Tribunal. It will make a fresh decision about whether LB had, or fell to be treated as having, limited capability for work at 24 November 2022.

Although I have set aside the Tribunal’s decision dated 11 July 2023, I am not making any findings, or expressing any view, about whether LB had, or should have been treated as having, limited capability for work. The next tribunal will need to hear evidence and make its own findings of fact and provide its reasoning for the decision it reaches.