JM v SSWP

The First-tier Tribunal erred in law by failing to provide adequate reasons, make sufficient findings of fact, and properly apply Regulation 4(2A) and relevant legal guidance regarding daily living activities and budgeting decisions.

Parties: Appellant: JM; Respondent: SSWP
Jurisdiction: England and Wales
Judgment Date: 29 August 2024
Procedural Posture: Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome: First-tier Tribunal decision set aside; appeal remitted for re-hearing before a differently constituted First-tier Tribunal.
Legal Topics: Personal Independence Payment, Tribunal Procedure, Error of Law, Disability Benefits

Social Security Administrative Law Personal Independence Payment Tribunal Procedure Error of Law Disability Benefits

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

SSWP

Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

1 Whether the First-tier Tribunal provided adequate reasons for its findings
2 Whether the Tribunal failed to consider Regulation 4(2A) of the Social Security (PIP) Regulations 2013
3 Whether the Tribunal made sufficient findings of fact regarding the appellant's ability to perform daily living activities

Ratio Decidendi

Court Disposition

First-tier Tribunal decision set aside; appeal remitted for re-hearing before a differently constituted First-tier Tribunal.

Orders

Appeal against Secretary of State’s decision of 25th October 2022 remitted to First-tier Tribunal for re-determination.
Tribunal panel for re-hearing must not include any member of the previous panel.