[2025] UKUT 132 (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 11 July 2023.

The new tribunal must not take account of circumstances that were not obtaining at the times the (then) Secretary of State made his decision on 24 November 2022 about whether LB had, or should be treated as having, limited capability for work: 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.

When listing this appeal for determination before the new tribunal, the First-tier Tribunal is asked to note the following:

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 submissions on behalf of both parties shall be added to the bundle to be placed before the First-tier Tribunal hearing the remitted appeal.