HM v Secretary of State for Work and Pensions (II): [2017] UKUT 216 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Hemingway on 19 May 2017.

Read the full decision in CI/3837/2016.

Judicial Summary

A decision of the First-tier Tribunal in the Social Entitlement Chamber is not to be characterised as final until a written copy of it (usually a decision notice) is sent to the parties. If a party submits further evidence after a hearing but before the making or issuing of a decision, the tribunal is not simply debarred from taking it into account because the hearing has been concluded. Rather, it has a discretion which it must exercise properly and in accordance with the overriding objective. However, given the tribunal’s normal practice of deciding appeals on the day of the hearing the situation will only arise infrequently.

Published 1 June 2017