Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 131 (AAC)

Fecha: 18-Abr-2024

The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decisions of the First-tier Tribunal made on 3 May 2022 under file numbers SC242/16/08567 and SC242/16/00329 were ma

The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decisions of the First-tier Tribunal made on 3 May 2022 under file numbers SC242/16/08567 and SC242/16/00329 were made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007, I set those decisions aside and remit the appeals for re-hearing 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 previously involved in considering this appeal on 3 May 2022.

If either party has any further written evidence to put before the tribunal, this should be sent to the relevant HMCTS regional tribunal office within one month of the issue of this decision.

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.

These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal.

REASONS FOR DECISION