ED v Secretary of State for Work and Pensions: [2020] UKUT 352 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Perez on 15 December 2020.
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Judicial Summary
The appellant had – in a fictitious identity that was not that of another, real, person – claimed and been granted asylum, indefinite leave to remain and British citizenship. The Secretary of State for Work and Pensions accepted that the appellant was not “a person subject to immigration control” within the meaning of section 115 of the Immigration and Asylum Act 1999, and that the appellant was not therefore, by section 115(1) and (3) of that act, disentitled to benefits. This acceptance was given in view of (i) the concession in R (Kaziu, Hysaj and Bakijasi) v SSHD [2015] EWCA Civ 1195, [2016] 1 WLR 673, and (ii) R (Hysaj and Bakijasi) v SSHD [2017] UKSC 82, [2018] 1 WLR 221. But the Jobseeker’s Allowance (IB), Income Support and Employment and Support Allowance (IR) awards were nonetheless lawfully reversed, not because the appellant was “a person subject to immigration control” – which she wasn’t – but because the benefits claims did not satisfy the requirements of section 1 of the Social Security Administration Act 1992.