[2025] UKUT 131 (AAC)

The claimant applied to the First-tier Tribunal for permission to appeal to the Upper Tribunal. Her case essentially repeated what she had argued at the 17 October hearing: on 22 July 2021 a decision maker for the Secretary of State made a decision on her entitlement to a PIP and that was an appealable decision.

On 19 December 2023 District Tribunal Judge Ly granted permission to appeal on the basis that he was persuaded that the claimant’s single ground of appeal was arguable with a realistic prospect of success, and it was therefore arguable with a realistic prospect of success that the strike out decision was in material error of law.

The matter came before me and I ordered an oral hearing of the substantive appeal, which took place on 17 March 2025 at Field House, London. I am grateful to Mr Ahluwalia and Mr Anderson for their clear submissions and for their helpful and co-operative approach at the hearing before me.