MH v Secretary of State for Work and Pensions (PIP)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Hemingway |
| Neutral Citation | [2022] UKUT 248 (AAC) |
| Subject Matter | Hemingway,M |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 03 October 2022 |
MH v SSWP (PIP)
[2022] UKUT 248 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2021-000155-PIP
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (Social Entitlement Chamber)
Between: MH Appellant
- v -
Secretary of State for Work and Pensions Respondent
Before: Upper Tribunal Judge M R Hemingway
Decision date: 12 September 2022
Decided on consideration of the papers
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 16 October 2020 under number SC024/18/03924 was
made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007 I set that decision aside and I also remit the case to be
reconsidered by a fresh tribunal in accordance with the following directions.
DIRECTIONS
1. This case is remitted to the First-tier Tribunal for reconsideration at an oral
hearing (which may be a remote hearing).
2. The First-tier Tribunal must undertake a complete reconsideration of the
issues that are raised by this appeal and, subject to its discretion under
section 12(8)(a) of the Social Security Act 1998, any other issues which may
merit consideration.
3. In undertaking that task, the First-tier Tribunal must not take account of
circumstances that were not obtaining at the date of the original decision of
the Secretary of State under appeal. Later evidence is admissible provided
that it relates to the time of the decision: R (DLA) 2 & 3/01.
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