Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 222 (AAC)

Fecha: 17-Jun-2024

Section 1

As the decision of the First-tier Tribunal dated 16 January 2023 involved the making of an error of law, under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 it is SET ASIDE and REMITTED to the tribunal for rehearing by a fresh tribunal.

DIRECTIONS

The case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.

The new tribunal should not involve the tribunal judge previously involved in considering this appeal on 16 January 2023.

If the parties have any further written evidence to put before the tribunal, they should send it 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.

Copies of this decision, the decision granting permission to appeal dated 23 September 2023, Barnet’s and ZA’s responses to those directions, my directions dated 21 March 2024, Barnet’s submission received on 14 June 2024 and the decision in R(SB)57/83, shall be added to the bundle for the next First-tier Tribunal.

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