BF v Secretary of State for Work and Pensions (PIP): [2020] UKUT 300 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Poynter on 18 June 2020.
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Judicial Summary
Tribunal procedure and practice (including Upper Tribunal)鈥擲et aside applications鈥擶hether acceptance of evidence that has been obtained in breach of administrative procedures renders decisions of the First Tier Tribunal or Upper Tribunal liable to be set aside for procedural irregularity under rule 37 of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 or rule 43 of the Tribunal Procedure (Upper Tribunal) Rules 2008鈥擝F v Secretary of State for Work and Pensions (ESA) [2019] UKUT 420 (AAC) (formerly CE/1285/2018) not followed. Tribunal procedure and practice (including Upper Tribunal)鈥擡vidence鈥擶hether evidence that has been obtained in breach of administrative procedures is admissible before the FTT鈥擝F v Secretary of State for Work and Pensions (ESA) [2019] UKUT 420 (AAC) (formerly CE/1285/2018) not followed. Tribunal procedure and practice (including Upper Tribunal)鈥擮ther鈥擶hether, in the absence of a direction under rule 15(2)(b) of the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, and in the absence of irrationality, the Upper Tribunal has power to direct the FTT how to weigh relevant evidence鈥擝F v Secretary of State for Work and Pensions (ESA) [2019] UKUT 420 (AAC) (formerly CE/1285/2018) not followed.