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The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal made on 5 April 2023 under SC124/23/00624+00625 was made in error of law. Under section 12(2) (a) a
The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal made on 5 April 2023 under SC124/23/00624+00625 was made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set those decisions aside and remit the case to be reconsidered by a fresh tribunal in accordance with the following directions.
Directions
These cases is remitted to the First-tier Tribunal for reconsideration at an oral hearing.
The members of the First-tier Tribunal who reconsider the cases should not be the same as those who made the decision which has been set aside.
The parties should send to the relevant HMCTS office within one month of the issue of this decision, any further evidence upon which they wish to rely.
The new First-tier Tribunal is not bound in any way by the decisions of the previous tribunal. It will not be limited to the evidence and submissions before the previous tribunal. It will consider all aspects of the case entirely afresh and it may reach the same or a different conclusion to the previous tribunal.
- Heading
- The decision of the Upper Tribunal is to allow the appeals. The decisions of the First-tier Tribunal made on 5 April 2023 under SC124/23/00624+00625 was made in error of law. Under section 12(2) (a) a
- These Directions may be supplemented by later directions by a Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal
- Issues
- The background to the appeal
- Analysis
- Recoverable overpayment decision
- Conclusions