[2024] UKUT 131 (AAC)

The First-tier Tribunal’s decision involves an error of law (or rather two errors of law) and must be set aside (Tribunals, Courts and Enforcement Act (TCEA) 2007, section 12(2)(a)).The case must be remitted to a differently-constituted First-tier Tribunal for re-hearing (TCEA 2007, section 12(2)(b)(i)), given that entitlement to ESA must be assessed on a week-by-week basis. This means the new tribunal will have to do its best on the available evidence to assess whether the claimant was working and/or receiving income on a weekly basis over the relevant period.