[2025] UKUT 107 (AAC)

Having decided the Tribunal’s decision involved the making of material errors of law, it is appropriate to exercise my discretion to set aside the Tribunal’s decision dated 28 September 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 its reconsideration or remake the decision.

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

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

Although I have set aside the Tribunal’s decision dated 22 September 2023, I am not making any findings, or expressing any view, about whether CH should be entitled to PIP. The next First-tier Tribunal will need to hear evidence and make its own findings of fact and provide its reasoning for the decision it reaches.