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The Appellant’s request for an oral hearing of her Upper Tribunal appeal
The Appellant’s request for an oral hearing of her Upper Tribunal appeal
PHC requests an oral hearing of her Upper Tribunal appeal as a means of proving her existence and her identity. The Secretary of State’s representative (who supports the appeal to the Upper Tribunal) does not request an oral hearing.
I have concluded that it is fair and just to determine this appeal ‘on the papers’. However, and as a result of my decision, PHC will have the opportunity to attend an oral hearing of her substantive appeal before a new First-tier Tribunal. That is the appropriate forum for the further fact-finding that is necessary in this case.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 14 September 2022 under number SC154/22/01415 was made in error of law. Under section 12(2)(a
- Introduction
- The Appellant’s request for an oral hearing of her Upper Tribunal appeal
- The background
- A summary of the proceedings in the Upper Tribunal
- Making sense of ‘case closure’ in cases where identity is in issue
- Interpretation One: suspension and termination
- Interpretation Two: disallowance as penalty for failing to comply with a request for evidence
- Interpretation Three: claim not in the required manner (version 1)
- Interpretation Four: claim not in the required manner (version 2)
- Interpretation Five: disallowance under SSAA 1992 sections 1(1A) and 1(1B)
- The First-tier Tribunal’s decision in the present appeal
- The approach that the new First-tier Tribunal should take
- The evidence relating to the National Insurance number (NiNo)
- Conclusions