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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 16 September 2021 was made in error of law. I set aside the decision under section 12(2)(a) o
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 16 September 2021 was made in error of law. I set aside the decision under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007. Under section 12(2)(b)(ii), I re-make the decision. The decision that I make is that the Appellant is entitled to Carer’s Allowance from 12 November 2018.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 16 September 2021 was made in error of law. I set aside the decision under section 12(2)(a) o
- Introduction
- Relevant legal provisions
- Reg 1408/71
- Reg 883/2004
- Art 6 of the Implementing Reg
- Facts
- Harrington
- Issues
- Issue (i): 2007-2018 Period Academic
- 2007-2018 CA Entitlement (Reg 1408/71)
- CA Entitlement from 12 November 2018 onwards (Reg 833/2004)
- Wording and purpose of Arts 24, 25, and 29
- The history of the legislative provisions
- Free movement, and the importance of the single legislative system
- Other matters
- Conclusions