[2025] UKUT 288 (AAC)

Having decided to set aside the FtT Decision under section 12(2)(a) of the 2007 Act I have a discretion whether to remit the matter to the First-tier Tribunal for redetermination, or to remake the decision for myself.

The only issue before the Tribunal was whether the claimant met the condition as to presence in Great Britain at any point between the making of his claim and the Secretary of State’s decision disallowing the claim and, if so, from what date. That is why the appeal was listed before a judge sitting alone, rather than a three-member panel with expert members.

The appropriate course is to remake the FtT decision as the Tribunal should have made it, and to remit the matter back to the Secretary of State to assess (on the basis that the claimant did satisfy the condition as to presence in Great Britain from 9 April 2022) whether the claimant satisfies the other conditions of entitlement to a personal independence payment, including assessing his ability to carry out the activities set out in Schedule 1 to the PIP Regulations. Such decision will carry a right of appeal.

I therefore remake the decision in the terms set out at the top of this Notice.