[2025] UKUT 332 (AAC)

There is no dispute between the parties that in GD’s case the decision of the First-tier Tribunal must be set aside and the case remitted for reconsideration on its full merits as an appeal against the 16 April 2018 supersession decision. There is in GD’s case the additional question as to whether time should be extended as he was (in the light of the decision we have made) still two days’ late filing his appeal following the mandatory reconsideration decision. If the Secretary of State does not object to that short extension, however, then by virtue of regulation 22(8)(a) of the Tribunal Procedure Rules it will be treated as having been made in time unless the Tribunal directs otherwise. The Tribunal in GD’s case will also need to deal with the issue of whether the Secretary of State gave GD the notice of regulation 5 revision application time limits required by regulation 7(3)(a) of the D&A Regulations (which was Ground (3) in his appeal). Judge Wikeley’s decision in Secretary of State for Work and Pensions v TR [2025] UKUT 1 (AAC) will apply (see [107] above). On the basis that the appeal was remitted for rehearing, GD was content for us not to make any findings on his other grounds, since they would be subsumed in the rehearing, although he did not withdraw his Ground 3 as such.