Muhammad Hasnain (by his appointee Kosar Parveen) v Secretary of State for Work and Pensions (PIP): [2026] UKUT 336 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 25 August 2026.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 18 September 2026

• Categories: Tribunal procedure and practice
• Sub-categories: Tribunal procedure and practice - set aside applications
• Judges: Wright, S
• Decision date: 25 August 2026

Read the full decision in UA-2025-001394-PIP.

Judicial Summary

This is decision holds that an FTT being ‘unhappy’ about the decision it made is not a ground for set aside of the FTT’s decision under rule 37 of the FTT (SEC) Rules. Nor is the mere fact a set aside has been requested a sufficient basis for a rule 37 set aside. The terms of rule 37 must be satisfied and one of the rule 37(2) procedural errors met.

The FTT which then reheard the appeal erred in law in failing to take into account the Secretary of State’s continued support for the decision under appeal when bringing into issue on the appeal an aspect of the decision which was not under appeal.

Published 18 September 2026