Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 405 (AAC)

Fecha: 05-Dic-2024

Issues

Issues

58.

In light of the above, I propose to address the following issues:

(i)

Should I decline to determine the question of whether the FTT erred in law in its treatment of the period 1 October 2007 to 12 November 2018 on the basis that that issue is academic?

(ii)

If not, did the FTT err in law in deciding that the UK was the competent state on 18 October 2007, at which time the issue had to be considered under Reg 1408/71?

(iii)

In any event, did the FTT err in law in holding that Switzerland was the competent state under Reg 833/2004 from 12 November 2018?

(iv)

What decision should I make in light of my conclusions on these issues?

59.

There are other issues raised by the appeal, such as whether the FTT erred in its conclusions under Art 6(2) of the Implementing Reg, but in view of the conclusions I have reached on the issues outlined above, I do not think it is necessary to address them. Given the complexity of the issues that I do have to consider, I do not propose to do so.