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
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) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and remit the case to be reconsidered by a fresh tribunal in accordance with the following directions.
DIRECTIONS
This case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.
The new First-tier Tribunal should not involve the tribunal judge who considered this appeal on 14 September 2022.
If the Appellant has any further written evidence to put before the new First-tier Tribunal, this should be sent to the HMCTS regional tribunal office within one month of the issue of this decision. Any such further evidence will have to relate to the circumstances as they were at the date of the original decision of the Secretary of State under appeal (i.e. 25 February 2022).
The new First-tier Tribunal is not bound in any way by the decision of the previous tribunal. Depending on the findings of fact it makes, the new tribunal may reach the same or a different outcome to the previous tribunal.
The Upper Tribunal office should ensure that a copy of the Appellant’s e-mail to the Upper Tribunal adminappeals e-mail address and dated 26 January 2024 (timed at 11:51:53) (with attachments) should be sent to the Secretary of State’s representative and to the First-tier Tribunal.
Within one month of the date of issue of this decision, the Secretary of State’s representative should provide the First-tier Tribunal with a further supplementary submission dealing with the significance of the further evidence referred to in Direction 5 above.
These Directions may be supplemented by later directions by a Tribunal Legal Officer, Tribunal Registrar or Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal.
REASONS FOR DECISION
- 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
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