UT UA-2024-001430-PIP - [2025] UKUT 216 (AAC)

Summary: claimant did not receive a copy of the First-tier Tribunal’s bundle.

Before

UPPER TRIBUNAL JUDGE JACOBS

Between

Decided on 02 June 2025 without a hearing

Representatives

Claimant: Rajinder Kainth of the Central England Law Centre

Secretary of State: DMA Leeds

Decision of Upper Tribunal

On appeal from the First-tier Tribunal (Social Entitlement Chamber)

As the decision of the First-tier Tribunal involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.

DIRECTIONS:

A. The tribunal must undertake a complete reconsideration of the issues that are raised by the appeal and, subject to the tribunal’s discretion under section 12(8)(a) of the Social Security Act 1998, any other issues that merit consideration.

B. The reconsideration must be undertaken in accordance with KK v Secretary of State for Work and Pensions [2015] UKUT 417 (AAC).

C. In particular, the tribunal must investigate and decide the claimant’s entitlement to a personal independence payment on his claim that was made on 12 April 2023 and refused on 19 June 2023.

D. In doing so, the tribunal must not take account of circumstances that were not obtaining at that time: see section 12(8)(b) of the Social Security Act 1998. Later evidence is admissible, provided that it relates to the time of the decision: R(DLA) 2 and 3/01.

Reasons for Decision