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The Upper Tribunal’s decision in summary and what happens next
The Upper Tribunal’s decision in summary and what happens next
I allow the Appellant’s appeal to the Upper Tribunal, which is supported by the Secretary of State. The decision of the First-tier Tribunal involves a legal error. For that reason, I set aside the Tribunal’s decision.
I can re-decide the underlying appeal that was before the First-tier Tribunal. There is therefore no need for the appeal to go back to be reheard by a new and different First-tier Tribunal. Accordingly, I substitute my decision for that of the First-tier Tribunal dated 21 February 2023.
My decision, in summary, is that the Appellant is entitled to the standard rate of the PIP daily living component for an indefinite period from 8 February 2022.
- 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