Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 220 (AAC)

Fecha: 19-Abr-2024

As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is R

As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the First-tier Tribunal for rehearing.

DIRECTIONS

The case is remitted to the First-tier Tribunal for reconsideration.

The new tribunal should not involve any of the panel members previously involved in considering this appeal on 19 April 2024.

The new tribunal must not take account of circumstances that were not obtaining at the time the (then) Secretary of State made a decision on 3 October 2022 that the Appellant was not entitled to PIP: see section 12(8)(b) of the Social Security Act 1998 and R(IB) 2/04 at [188]. Later evidence is admissible, provided it relates to the circumstances at the time of the decision: see R(DLA) 2 and 3/01.

If the parties have 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 tribunal hearing the remitted appeal is not bound in any way by the decision of the previous First-tier Tribunal. Depending on the findings of fact it makes, the new tribunal may reach the same or a different outcome from the previous tribunal.

A copy of this decision shall be added to the bundle to be placed before the First-tier Tribunal hearing the remitted appeal.

These Directions may be supplemented by later directions by a tribunal judge, registrar or case worker in the Social Entitlement Chamber of the First-tier Tribunal.

REASONS FOR DECISION