JS v SSWP

JS v SSWP

The FTT made a material error of law by failing to properly consider the admissibility and relevance of post-decision evidence (the 2020 seizure) to the circumstances at the date of decision, and by not making adequate findings of fact regarding the appellant's risk and ability to perform activities safely.

Parties
Appellant: JS; Respondent: SSWP
Jurisdiction
England and Wales
Judgment Date
01 March 2024
Procedural Posture
Social Security Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Decision of the First-tier Tribunal set aside; appeal remitted for re-hearing.
Legal Topics
Personal Independence Payment, Admissibility of Post Decision Evidence, Error of Law, Assessment of Risk, Section 12(8)(b) Social Security Act 1998
Social Security Law Personal Independence Payment Admissibility of Post Decision Evidence Error of Law Assessment of Risk Section 12(8)(b) Social Security Act 1998

Case Brief

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Parties

JS

Appellant

SSWP

Respondent

Procedural Posture

Social Security Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by excluding post-decision evidence in assessing risk for PIP eligibility
  2. 2 Whether the FTT provided adequate reasons for its decision regarding the weight given to post-decision events
  3. 3 Proper interpretation and application of section 12(8)(b) Social Security Act 1998

Ratio Decidendi

The FTT made a material error of law by failing to properly consider the admissibility and relevance of post-decision evidence (the 2020 seizure) to the circumstances at the date of decision, and by not making adequate findings of fact regarding the appellant's risk and ability to perform activities safely.

Court Disposition

Decision of the First-tier Tribunal set aside; appeal remitted for re-hearing.

Orders

  • The appeal is remitted to the First-tier Tribunal for re-determination.
  • The re-hearing panel must not include any member of the original panel.