GM v SSD (WP)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wright |
| Neutral Citation | [2024] UKUT 45 (AAC) |
| Published date | 11 March 2024 |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
1
GM v SSD (WP)
[2024] UKUT 45 (AAC)
IN THE UPPER TRIBUNAL UT Refs: UA-2023-SCO-000075+76-WP
ADMINISTRATIVE APPEALS CHAMBER
On appeal from Pensions Appeal Tribunals for Scotland
Between: GM Appellant
- and –
The Secretary of State for Defence Respondent
Before: Upper Tribunal Judge Wright
Decision date: 7 February 2024
Decided after a remote oral hearing on 22 November 2023.
Representation: The appellant represented himself
Mr Blair, advocate, represented the respondent
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
Pensions Appeal Tribunals for Scotland made on 12 June 2023 under case numbers
PATS/A/20/0209 and PATS/A/22/0047 involved making of material errors of law.
Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007,
I set that decision aside and remit the appeals to be reconsidered by a completely
freshly constituted tribunal, at an oral hearing.
REASONS FOR DECISION
1. These are two appeals from a combined decision of the Pensions Appeal
Tribunals for Scotland (“PATS”) dated 12 June 2023, following a hearing on 15 May
2023, from decisions of the Secretary of State for Defence. By its decision, the PATS
refused the appeals and upheld, as the PATS described it, the Secretary of State’s
decision of 12 November 2020 as revised on 26 July 2022. The effect of those
Secretary of State decisions, again as described by the PATS, was:
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