[2025] UKUT 353 (AAC)

This is an appeal by the appellant against the decision of the First-tier Tribunal given on 29^th November 2024. By its decision the tribunal dismissed the appellant’s appeal against the decision of the Secretary of State for Work and Pensions as to the amount of his retirement pension from 24^th June 2022. The decision was that the appellant, who was then the claimant, was entitled to a retirement pension of £323.35 per week from that date. That is, of course, also the figure which the Secretary of State has used as the starting point when calculating the appellant’s entitlement following subsequent annual up-rating.

The appellant contends that the methodology adopted by the Department for Work and Pensions (“DWP”) in calculating his entitlement was flawed, that the correct figure was at the outset £330.36 and that that is the figure which should have been used in the annual up-rating exercises.

On this appeal, the Secretary of State accepts that the tribunal fell into error, but contends that the error was immaterial and that the figure of £323.35 was correct.

I would like to pay tribute at the outset of this decision to the appellant’s thorough research and the impressive way in which he has formulated his arguments. I shall do my best to do justice to them in this decision.