![[2025] UKUT 356 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a) and section 12(2)(b)(ii) of the Tribunals, Courts an
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a) and section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and re-make the decision of the First-tier Tribunal as follows:
The Appellant’s appeal is allowed.
The decision made by the Secretary of State on 9 June 2023 as revised on 18 September 2023 is set aside.
The Appellant is entitled to the highest rate of the DLA care component and the higher rate of the DLA mobility component for the period from 26 October 2022 to 2 June 2024.
An award is made for the above closed period as there is a more recent award in place at the same rates covering the period from 3 June 2024 to 2 June 2027.
REASONS FOR DECISION
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal involved an error of law. Under section 12(2)(a) and section 12(2)(b)(ii) of the Tribunals, Courts an
- Introduction
- The factual background
- The decision of the First-tier Tribunal
- The grant of permission to appeal to the Upper Tribunal
- The Secretary of State’s submission on the appeal to the Upper Tribunal
- Subsequent developments
- Summary analysis
- Conclusions