BM v Secretary of State for Work and Pensions (DLA): [2022] UKUT 101 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 7 April 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 May 2022

• Categories: DLA, AA, MA: general, Revisions, supersessions and reviews, Tribunal procedure and practice
• Sub-categories: DLA, AA, MA: general - other, Revisions, supersessions and reviews - ignorance of material fact, Tribunal procedure and practice - statements of reasons
• Judges: Wright, S
• Decision date: 7 April 2022

Read the full decision in UA-2020-000040-DLA & UA-2020-000041.

Judicial Summary

Supersession by Secretary of State of previous First-tier Tribunal’s decision on grounds that FtT was ignorant of a material fact – whether factual circumstances obtaining at the date of that FtT’s decision but which only obtained after the date of the decision under appeal to that FtT may amount to a material fact which that FtT was ignorant of – whether the subsequent FtT in upholding the supersession carried out any adequate consideration of the basis for the supersession of the previous FtT’s decision.

Published 9 May 2022