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- Heading
- The decision of the Upper Tribunal is to allow the appeals. The decision of the First-tier Tribunal in both appeals involved an error of law. Under section 12(2) (a), (b)(i) and (3) of the Tribunals
- These Directions may be supplemented by later directions by a Tribunal Caseworker, Tribunal Registrar or Judge in the Social Entitlement Chamber of the First-tier Tribunal
- The structure of our decision is as follows
- The facts of TR’s case and the First-tier Tribunal’s decision
- The facts of GD’s case and the First-tier Tribunal’s decision
- The grounds of appeal in both cases and the parties’ positions
- Relevant legislative provisions
- The legal framework
- “Any grounds” revision requests and appeals
- “Any time” revision requests and appeals
- The consequences of our interpretation
- Previous case law
- The earlier legislation
- Wood v SSWP
- R (IS) 15/04
- R (IB) 2/04
- CJ and SG v SSWP
- PH and SM v SSWP
- The post PH and SM v SSWP decisions
- What is required in order to trigger the right of appeal to the Tribunal in cases to which mandatory reconsideration applies
- Conclusion on the issues of principle
- Disposal in TR’s case
- Conclusions