Social Security Case Law - Spring 2024

Headnote

FfT error of law.  The FfT failed to record oral evidence given during hearing within the statement of reasons and then relied on the oral evidence when refusing permission to appeal.

Background

The Applicant appealed a Universal Credit work capability assessment decision.  The Applicant requested a statement of reasons which had noted that the Applicant’s wife attended the Applicant’s hearing, but did not mention that the Applicant’s wife gave oral evidence.  The FfT gave reasons for refusing the appeal application, stating that the Applicant’s wife’s oral evidence had been taken into account and that the evidence was unreliable.

The Applicant was granted permission to appeal by the Upper Tribunal.

Legal Issue

Whether the FfT erred in law when it refused the Applicant permission to appeal.   The FfT provided a statement of reasons that made no mention of the Applicant’s wife’s evidence but the FfT had indicated that it found the Applicant’s wife’s evidence was unreliable.

Decision

The Upper Tribunal allowed the appeal and found that the FfT made an error on a point of law.  The case is remitted to the FfT for reconsideration.

The UP found that the FfT erred in law as it failed to make findings on the Applicant’s wide’s oral evidence at the hearing of his appeal.  The UP found that the FfT statement of reasons noted that the Applicant’s wife attended the hearing but that there was recording of her evidence.  The UP also found that it was noted in the FfT statement of reasons that the Applicant’s wife’s evidence was unreliable re the extent of assistance the Applicant required.