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The decision of the Upper Tribunal is to allow the appeal .� The decision of the First-tier Tribunal made on 31 July 2014 under number SC244/14/00144 was made in error of law.� Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remake the decision.
The decision which I make is that the appellant is entitled to an award of working tax credit on his claim dated 23 November 2012.�
This appeal concerns whether the appellant, who was a street entertainer, was in remunerative work for the purposes of his claim for working tax credits.
The Secretary of State supports the appeal and in the light of his position it is unnecessary for me to set out in detail the background to the case or the evidence and arguments.� Neither party has requested an oral hearing and I am satisfied that it is appropriate for me to make the decision on consideration of the papers.
The evidence before the First-tier Tribunal, which was not contested by the Secretary of State, was that the appellant worked in various town centres, playing his guitar and singing, and members of the public would donate money.�
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