[2025] UKUT 288 (AAC)

The claimant sought permission from the First-tier Tribunal to appeal to the Upper Tribunal on several grounds, but on 12 November 2024 District Tribunal Judge Read of the First-tier Tribunal granted permission to appeal limited to a single ground, being:

“The First-tier Tribunal erred in law because it looked at whether the conditions of entitlement were met at the date the claim was made and not as it was required to do, at the date it was decided. This is relevant because [the claimant] returned to the UK on 09/04/2022, a date falling after he claimed PIP but before the decision was made by the Respondent on 29/07/2022. In making this argument s12(8) Social Security Act is relied upon, together with case law (TS (by TS) v SSWP (DLA); EK (by MK) v SSWP (DLA) [2020] UKUT 284 (AAC) andGE v SSWP [2017] AACR 34).”

The matter came before me and I made Case Management Directions, directing the parties to make submissions on the appeal and to indicate whether they requested an oral hearing.