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?
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.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal did not involve an error of law
- Background
- Mr W’s PIP award
- Mrs W’s new claim for carer’s allowance
- The FTT’s case management
- The challenged FTT decision
- The Upper Tribunal proceedings
- Other case management by the Upper Tribunal
- Why I have concluded that there was no material error of law in the challenged FTT decision
- First main issue: should Mrs W’s new carer’s allowance award have been “backdated” to the start of Mr W’s PIP award?
- Was the FTT’s decision on Mr W’s PIP appeal a decision on appeal awarding a qualifying benefit ?
- Was Mrs W’s carer’s allowance claim made “within three months of” the FTT’s decision on Mr W’s PIP appeal?
- Second main issue: did the Respondent undertake “mandatory reconsideration” of its decision on Mrs W’s new carer’s allowance claim?
- Other issues raised by Mrs W
- Conclusions
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