Case No. UKUT-00410-(IAC)

(1) Subsection (2) applies if the Upper Tribunal, in deciding an appeal under section 11, finds that the making of the decision concerned involved the making of an error on a point of law.(2) The Upper Tribunal –(a) may (but need not) set aside the decision of the First-tier Tribunal, and(b) if it does, must either–(i) remit the case to the First-tier Tribunal with directions for its reconsideration, or(ii) re-make the decision.(3) In acting under subsection (2)(b)(i), the Upper Tribunal may also –(a) direct that the members of the First-tier Tribunal who are chosen to reconsider the case are not to be the same as those who made the decision that has been set aside;(b) give procedural directions in connection with the reconsideration of the case by the First-tier Tribunal.(4) In acting under subsection (2)(b)(ii), the Upper Tribunal–(a) may make any decision which the First-tier Tribunal could make if the First-tier Tribunal were re-making the decision, and(b) may make such findings of fact as it considers appropriate. ”