[2025] UKUT 299 (AAC)

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

The new Tribunal should not involve the Tribunal Judge previously involved in considering SC’s appeal on 28 July 2023.

The new Tribunal should not list SC’s appeal for hearing until the Upper Tribunal’s decisions in UA-2023-001431-USTA (AA v SSWP) and KK v SSWP (UC) [2025] UKUT 259 (AAC) have been published.

Within six weeks of the date this decision is issued, the SSWP is directed to provide the First-tier Tribunal with a submission confirming the date when SC made a new UC claim after 30 May 2022, the effective date of her new UC award, and the start and end dates of her non-entitlement to UC as a result of the SSWP’s decision dated 30 May 2022 (as revised on 04 July 2022).

The new Tribunal must not take account of circumstances that did not apply at the time of the SSWP’s decision dated 30 May 2022. Later evidence can be considered as long as it relates to the circumstances at the time of the decision: see R(DLA) 2/01 and R(DLA) 3/01.

The Tribunal hearing the remitted appeal is not bound in any way by the decision of the previous First-tier Tribunal. Depending on the findings of fact it makes, the new Tribunal may reach the same or a different outcome from the previous Tribunal.