[2024] UKUT 261 (AAC)

I therefore conclude that the FTT’s decisions on the Appellant’s appeals both involve an error of law. The decision of the first FTT on the entitlement appeal applied the wrong legal test, which in turn infected the outcome of the appeal on the overpayment case heard by the second FTT. The case therefore needs to be re-heard by a fresh FTT at a venue convenient to the Appellant. The new tribunal will have to make further and more detailed findings of fact about the living arrangements of the Appellant’s daughter A at the material time.

I might add that if the new FTT finds that A is a non-dependant normally living with the Appellant, it does not necessarily follow that a non-dependent deduction applies. There are various circumstances in which such a deduction should not be made. One of these is where the non-dependant is aged under 21, which A was at the material time (paragraph 16(2)(a) of Schedule 4).