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England and Wales decisions
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The Upper Tribunal set aside the First-tier Tribunal’s PIP decision for errors of law and remitted the case for rehearing before a fresh tribunal.
The Upper Tribunal held that the appellant became an owner of the property from 31 October 2014, so housing benefit stopped and the overpayment was recoverable.
The Defendant's decision was materially flawed by failing to consider supersession of the decision of 13 November 2019 during the period prior to the first Tribunal decision, and by not treating certain representations as applications for supersession. The failure to determine supersession in May/June 2020 caused loss, and the reimbursement decision should have accounted for the causative impact of erroneous confirmation of evidence receipt. The judicial review succeeds and reimbursement must be reconsidered.
Source excerpt
The Upper Tribunal set aside a First-tier Tribunal decision in a PIP appeal, holding it had wrongly limited itself to activity 9 and should have considered the appeal more broadly.
Upper Tribunal held the FTT erred by not considering revision of an earlier state pension refusal for official error, and backdated entitlement to pension age.
The Upper Tribunal set aside a First-tier Tribunal strike-out in a Universal Credit dispute and remitted the case for a fresh hearing on possible official error.
The Upper Tribunal refused to admit Luton Borough Council’s late permission-to-appeal application, refused an extension of time, and would have refused permission anyway.
The Upper Tribunal held that a late revision request on official error grounds can trigger a right of appeal, and that the First-tier Tribunal hears the case de novo.
The Upper Tribunal dismissed an appeal about Income Support overpayment recovery, holding that non-notification of a revised decision was official error but did not create an appeal right or extend time.
The Upper Tribunal found material errors of law in a PIP appeal, set aside the First-tier Tribunal’s decision, and remitted the case for a fresh hearing.
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