ET v Secretary of State for Work and Pensions (II) (Tribunal procedure and practice (including UT) : tribunal membership and procedure)

Decision:� The appeal is allowed.� The decision of the First-tier Tribunal sitting at Port Talbot on 27 September 2013 under reference SC156/12/05084 involved the making of an error on a point of law and is set aside.� The case is referred to the First-tier Tribunal (Social Entitlement Chamber) for rehearing before a differently constituted tribunal in accordance with the directions set out in paragraph 10 of the Reasons.

The representatives of both the claimant and the Secretary of State have expressed the view that the decision of the tribunal involved the making of an error on a point of law and have agreed to a rehearing.� That makes it unnecessary to set out the history of the case or to analyse the whole of the evidence or arguments in detail.� I need only deal with the reason why I am setting aside the tribunal�s decision.

I have set the tribunal�s decision aside, because it was improperly constituted for a case about reduced earnings allowance.

This case was heard by a judge sitting alone.� It is clear from the First-tier Tribunal�s file that this was done advisedly.

The composition of the panel is dealt with by the Practice Statement entitled �Composition of tribunals in social security and child support cases in the social entitlement chamber on or after August 1, 2013.�� It provides that: