[2024] UKUT 196 (AAC)

I am giving permission to appeal as the grounds of appeal are in part arguable and the Applicant’s challenge to the FTT decision merits further consideration. The Applicant sets out in some detail her dissatisfaction with both the FTT decision and more generally her treatment by the DWP. That said, there are just two alleged errors of law identified. The first seems to be the stronger point – namely that the FTT arguably failed to recognise that a UC claim had been made in 2019. Even if it had been, the questions remains whether the FTT had jurisdiction to address any decision that had been made on such a claim. Furthermore, would it have made any difference, not least given the FTT’s finding of fact about the level of capital that the Applicant held in 2019? I have to say the second ground of appeal is less persuasive at first sight, and as matters stand I cannot see any error of law in the FTT’s decision that the capital was not subject to any relevant disregard. It may be, however, that on closer scrutiny the whole application may be at heart no more than an attempt to re-argue issues of fact. If so, the appeal cannot succeed in any event.