SF v Secretary of State for Work and Pensions (PIP)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | [2016] UKUT 481 (AAC),[2016] UKUT 481 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Personal independence payment – general,Revisions,supersessions,reviews,reviews - supersession: general,Wikeley,N |
| Date | 28 October 2016 |
| Published date | 01 December 2016 |
SF v SSWP (PIP)
[2016] UKUT 0481 (AAC)
CPIP/1693/2016 1
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
The DECISION of the Upper Tribunal is to allow the appeal by the Appellant.
The decision of the Liverpool First-tier Tribunal dated 23 March 2016 under file
reference SC068/15/04218 involves an error on a point of law. The First-tier
Tribunal’s decision is set aside.
The Upper Tribunal is not in a position to re-make the decision under appeal. It
therefore follows that the Appellant’s appeal against the Secretary of State’s decision
dated 9 September 2015 is remitted to be re-heard by a different First-tier Tribunal,
subject to the Directions below.
This decision is given under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007.
DIRECTIONS
The following directions apply to the hearing:
(1) The appeal should be considered at an oral hearing.
(2) The new First-tier Tribunal should not involve the tribunal judge or members
who were previously involved in considering this appeal on 23 March 2016.
(3) The Appellant is reminded that the tribunal can only deal with the appeal,
including his health and other circumstances, as at the date of the original
decision by the Secretary of State under appeal (namely 9 September 2015).
(4) If the Appellant has any further written evidence to put before the tribunal, in
particular medical evidence, this should be sent to the regional tribunal office
in Liverpool within one month of the issue of this decision. Any such further
evidence will have to relate to the circumstances as they were at the date of
the decision of the Secretary of State under appeal (see Direction (3) above).
(5) The new tribunal should have before it a copy of the submission to the Upper
Tribunal made by Mr W Spencer on behalf of the Secretary of State
(pp.168a-170 of the Upper Tribunal bundle, along with its attachments).
(6) The new First-tier Tribunal is not bound in any way by the decision of the
previous tribunal. Depending on the findings of fact it makes, the new tribunal
may reach the same or a different outcome to the previous tribunal.
These Directions may be supplemented by later directions by a Tribunal Judge
in the Social Entitlement Chamber of the First-tier Tribunal.
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10 cases
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KB v Secretary of State for Work and Pensions (PIP)
...of the written submissions to the Upper Tribunal) been given by Judge Wikeley in SF v Secretary of State for Work and Pensions (PIP) [2016] UKUT 481 (AAC). I am issuing a decision on the same date as the present one, in DS v Secretary of State for Work and Pensions (PIP) [2016] UKUT 0538 (A......
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TH v Secretary of State for Work and Pensions (PIP)
...as to why his award had been terminated ahead of time – see R(M) 1/96 and SF v Secretary of State for Work and Pensions (PIP) [2016] UKUT 481 (AAC) at paragraph 15. So Ms Gigg is content that the appeal is allowed and the matter is remitted (or sent back) for re-hearing to a new tribunal. I......
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MH v Secretary of State for Work and Pensions (PIP)
...existence of new medical evidence does not preclude supersession on the ground of relevant change of circumstances: SF v SSWP (PIP) [2016] UKUT 0481 (AAC) at paragraphs 14 and 16. If a tribunal is to supersede on the ground of a relevant change of circumstances, it must make findings of fac......
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JH v Secretary of State for Work and Pensions
...on a limited basis. There are some previous decisions of the Upper Tribunal which have relevance here. They are SF v SSWP (PIP) [2016] UKUT 481 (AAC); DS v SSWP (PIP) [2016] UKUT 538 (AAC) and KB v SSWP (PIP) [2016] UKUT 0537 (AAC). I have attached copies of those decision to your copy of t......
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