[2025] UKUT 026 (AAC)
Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 026 (AAC)

Fecha: 13-Ene-2025

Why I have concluded that there was no material error of law in the challenged FTT decision

Why I have concluded that there was no material error of law in the challenged FTT decision

Preliminary issue: what decisions were being appealed?

24.

The FTT’s case management decision in effect merged Mrs W’s appeals against two decisions made by the Respondent: the decision to supersede, and end, Mrs W’s original carer’s allowance award; and the decision, on Mrs W’s new claim for carer’s allowance, to award her that benefit from 19 April 2021 (and not earlier). In my view, this merging of the two appeals introduced a little bit of confusion into the proceedings. For example, the FTT’s decision notice referred to the second decision as that being appealed against, whilst the FTT’s statement of reasons referred to the first decision as that being appealed against. It is more accurate – and, in the end, in my view, less confusing – to refer to Mrs W having two separate appeals, against two separate decisions of the Respondent. However, I do not consider that the confusion that crept into the FTT proceedings as a result of this case management decision was a material error of law: it is not overly difficult to tease out which decision, and which appeal, is being referred to; and whatever confusion there was, did not affect the outcome of the appeals.