Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 288 (AAC)

Fecha: 24-Jun-2024

As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act” ). The decis

As the decision of the First-tier Tribunal involved the making of an error of law, it is SET ASIDE under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act”). The decision is REMADE under section 12(2) (b)(ii) of the 2007 Act in the following terms:

“The decision of the Secretary of State made on 29 July 2022 refusing the Appellant’s claim to a personal independence payment was in error of law and is set aside.

The Appellant is not entitled to a personal independence payment from 20 December to 8 April 2022 (inclusive) because he did not satisfy the condition as to presence in Great Britain.

However, the Appellant did satisfy the conditions as to presence in Great Britain from 9 April 2022.

The Secretary of State shall now determine whether the Appellant satisfied the other conditions of entitlement to a personal independence payment from 9 April 2022.

Such determination shall be based on matters as they stood in the period up to and including 29 July 2022.”

REASONS FOR DECISION

What this appeal is about

This appeal is about the need for a decision maker assessing entitlement to benefit to consider the circumstances of a claimant up until the date of their decision.