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Decision:� The appeal is allowed.� The decision of the First-tier Tribunal sitting at Leicester on 15 November 2011 under reference 038/10/03717 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 5 of the Reasons.
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 do not need to deal with any other error on a point of law that the tribunal may have made.� Any that were made will be subsumed by the rehearing.
The fact that this appeal has succeeded on a point of law carries no implication as to the likely outcome of the rehearing, which is entirely a matter for the tribunal to which this case is remitted.
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