DD v Her Majesty’s Revenue and Customs and Secretary of State for Work and Pensions (CB) : [2020] UKUT 66 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 28 February 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 15 April 2020

• Categories: Benefits for children, Residence and presence conditions, Tribunal procedure and practice
• Sub-categories: Benefits for children - child benefit, Residence and presence conditions - right to reside, Tribunal procedure and practice - evidence
• Judges: Wright, S
• Decision date: 28 February 2020

Read the full decision in CF/66/2018

Judicial Summary

right to reside – ‘genuine chance of being engaged in employment’ test applied to jobseeker on claim for child benefit – adequacy of HMRC’s appeal response put before FtT – whether HMRC in that response and the FtT in its decision applied wrong version of regulation 6 of the Immigration (EEA) Regs 2006 – adequacy of HMRC’s guidance on how to apply the ‘genuine chance of being engaged in employment’ test.

Published 15 April 2020