The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Weymouth appeal tribunal dated 13 April 2007 involved an error on a point of law and is set aside. It is appropriate for the Upper Tribunal to re-make the decision on the claimant’s appeal against the Secretary of State’s decision dated 15 March 2006 (Tribunals, Courts and Enforcement Act 2007, section 12(2)(b)(ii) and (4)(a)). That decision is that the appeal is allowed and that the decision dated 1 February 2006 awarding the claimant the higher rate of the mobility component of disability living allowance and the middle rate of the care component for the period from 31 October 2005 to 20 October 2008 does not fall to be superseded on the ground of an anticipated relevant change of circumstances from and including 29 September 2006.
Citations:
[2009] UKUT 124 (AAC)
Links:
Jurisdiction:
England and Wales
Benefits
Updated: 04 August 2022; Ref: scu.375702