NM v FtT and CICA: [2022] UKUT 107 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 14 April 2022.
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Judicial Summary
The First-tier Tribunal was upheld in refusing to re-open an award, relying on paragraphs 56 and 57 of the 2001 Scheme. Points considered include: (a) the scope of General Note 5 to the Tariff - CICA v FtT and ML [2017] UKUT 206 applied; (b) the approach to “further extensive enquiries” in paragraph 57 of the Scheme; (c) the nature of “injustice” in para 56; (d) the evidential value of a time-limited award of Personal Independence Payment to prognosis - DT v Department for Communities (PIP) [2021] NICom 54 applied.
Published 9 May 2022