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)—Set aside applications—Whether 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—BF 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)—Evidence—Whether evidence that has been obtained in breach of administrative procedures is admissible before the FTT—BF 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)—Other—Whether, 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—BF v Secretary of State for Work and Pensions (ESA) [2019] UKUT 420 (AAC) (formerly CE/1285/2018) not followed.