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Conclusions
Conclusion
I therefore conclude that the decision of the First-tier Tribunal involves an error of law. I allow the appeal and set aside the decision of the tribunal (Tribunals, Courts and Enforcement Act 2007, section 12(2)(a)). The decision is re-made as above (section 12(2)(b)(ii)). My decision is also as set out above.
Nicholas Wikeley
Judge of the Upper Tribunal
Approved for issue on 25 June 2024
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 21 February 2023 under number SC007/22/01185 was made in error of law. Under section 12(2)(a)
- The Upper Tribunal’s decision in summary and what happens next
- The background to this appeal to the Upper Tribunal
- The decisions by the Secretary of State and the First-tier Tribunal
- The Upper Tribunal’s grant of permission to appeal
- The proceedings before the Upper Tribunal
- The Upper Tribunal remakes the original decision under appeal
- The Appellant’s later PIP claim
- Conclusions