[2024] UKUT 327 (AAC)

This case is remitted to the First-tier Tribunal (“FtT”) for reconsideration at an oral hearing.

It must be heard by an entirely differently constituted panel.

The FtT must conduct a complete rehearing of the issues that are raised by the appeal and, subject to the FtT’s discretion under section 12(8)(a) of the Social Security Act 1998, any other issues that merit consideration. While the FtT will need to address the grounds on which I have set aside the decision, it should not limit itself to these but must consider all aspects of the case, both fact and law, entirely afresh.

If the appellant has any further written evidence to put before the FtT they must send it to the FtT regional office within one month of the date of issue of this decision. Any such further evidence must relate to circumstances as they were at the date of the original decision of the Secretary of State that is under appeal, ie 30 November 2018

The new FtT is not bound by the decision of the previous FtT. Depending on the findings of fact it makes, the new FtT may reach the same or a different conclusion to the previous FtT. The fact that this appeal has succeeded on a point of law carries no implication as to the likely outcome of the rehearing, which is entirely a matter for the FtT to which this case is remitted.

These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the FtT.

The appellant’s appeal to the Upper Tribunal succeeds. There is to be a fresh hearing of the original PIP appeal before a new FtT.