Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 261 (AAC)

Fecha: 28-Ago-2024

The decision of the Upper Tribunal is to allow both appeals. The decisions of the First-tier Tribunal made on 3 May 2023 under file number SC246/22/01293 and on 29 August 2023 under file number SC246/

The decision of the Upper Tribunal is to allow both appeals. The decisions of the First-tier Tribunal made on 3 May 2023 under file number SC246/22/01293 and on 29 August 2023 under file number SC246/23/00886 were each made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007, I set those decisions aside and remit the case to be reconsidered by a fresh tribunal in accordance with the following directions.

DIRECTIONS

This case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.

The new First-tier Tribunal (FTT) should not involve the tribunal judges who considered the appeals on 3 May 2023 and 29 August 2023.

If the Appellant has any further written evidence to put before the new FTT, this should be sent to the HMCTS regional tribunal office in Leeds within one month of the issue of this decision.

The new First-tier Tribunal is not bound in any way by the decisions of the previous tribunals. Depending on the findings of fact it makes, the new tribunal may reach the same or a different outcome to the previous tribunals.

These Directions may be supplemented by later directions by a Tribunal Legal Officer, Tribunal Registrar or Tribunal Judge in the Social Entitlement Chamber of the First-tier Tribunal.

REASONS FOR DECISION