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As the decision of the First-tier Tribunal (made on 6 March 2013 at Margate under reference SC170/12/01861) involved the making of an error in point of law, it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a differently constituted panel.
A. The tribunal must undertake a complete reconsideration of the issues that are raised by the appeal and, subject to the tribunal�s discretion under section 12(8)(a) of the Social Security Act 1998, any other issues that merit consideration.
B. In particular, the tribunal must investigate and decide the claimant�s capability for work on and from 24 December 2011.
C. In doing so, the tribunal must not take account of circumstances that were not obtaining at that time: see section 12(8)(b) of the Social Security Act 1998. Later evidence is admissible, provided that it relates to the time of the decision: R(DLA) 2 and 3/01 .
This is an appeal brought with the permission of the First-tier Tribunal. The parties have agreed that the tribunal made the errors of law I identified in my case management directions.
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