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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
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, Courts and Enforcement Act 2007, we set those decisions aside and remit the cases to be reconsidered by fresh tribunals in accordance with the following directions.
DIRECTIONS
The appeals in both cases are remitted to the First-tier Tribunal for reconsideration at (separate) oral hearings in accordance with the law as set out in this decision.
The new First-tier Tribunals should not involve the tribunal judge, medical member or disability member previously involved, in TR’s case, in considering this appeal on 11 October 2023 and, in GD’s case, on 28 June 2023.
The new First-tier Tribunals can only consider the appeal by reference to the appellants’ health and other circumstances as they were at the date of the original decisions by the Secretary of State under appeal (namely, in TR’s case, on 26 May 2017 and, in GD’s case, on 19 April 2018).
The new First-tier Tribunals are not bound in any way by the decision of the previous tribunals. Depending on the findings of fact they make, the new tribunals may reach the same or a different outcome to the previous tribunal.
- 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