Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 107 (AAC)

Fecha: 22-Sep-2023

Section 1

As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the First-tier Tribunal for rehearing by a fresh tribunal.

DIRECTIONS

The case is remitted to the First-tier Tribunal for reconsideration.

The new Tribunal should not involve the panel members previously involved in hearing the appeal on 22 September 2023.

The new Tribunal must not take account of circumstances that were not obtaining at the time the (then) Secretary of State made her decision dated 18 May 2022 about CH’s entitlement to personal independence payment (PIP): 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.

If the parties have any further written evidence to put before the First-tier Tribunal, this should be sent to the relevant HMCTS regional tribunal office within four weeks of the issue of this decision.

The First-tier 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 the Secretary of State dated 14 November 2024, shall be added to the bundle to be placed before the First-tier Tribunal hearing the remitted appeal.

These Directions may be supplemented by later directions by a tribunal judge, registrar, or legal officer, in the Social Entitlement Chamber of the First-tier Tribunal.

REASONS FOR DECISION