[2024] UKUT 257 (AAC)

In granting permission to appeal to the Upper Tribunal, I proposed allowing the appeal so far as relating to whether the overpayment was recoverable for claim 5 and remitting for the Secretary of State (i) to supply to the First-tier Tribunal all evidence the Secretary of State has relating to claim 5, or (ii) to confirm to the First-tier Tribunal that a comprehensive search has been made in all possible places for such evidence and that none has been found. The Secretary of State has agreed to that proposal. The appellant asks however that – for efficiency, expediency and finality – this exercise be done in the Upper Tribunal instead, and that the Upper Tribunal give a substituted decision.

I understand why the appellant makes that request. But the First-tier Tribunal is the more appropriate forum for findings of fact to be made on this. I am therefore remitting. I do however accept the appellant’s invitation to direct a freshly-constituted panel.