GA v Secretary of State for Work and Pensions (UC): [2024] UKUT 380 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 26 November 2024
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Judicial Summary
The appellant at the time of her claim for universal credit had pre-settled status under the EU settlement scheme in Appendix EU to the Immigration Rules. She had separated from her partner due to his domestic violence. This decision accepts the Secretary of State for Work and Pension’s concession that the right to reside rule in regulation 9(3)(c)(i) of the Universal Credit Regulations 2013 should be disapplied in the appellant’s case under section 3 of the Human Rights Act 1998. This is because the appellant was discriminated against as she was not able to benefit from the ‘Destitution Domestic Violence Concession’ under Appendix FM to the Immigration Rules in circumstances where her circumstances were analogous to a person who had been given leave under that Appendix FM concession and who qualified for universal credit on the basis of that leave. That difference in treatment (the Secretary of State conceded) was not justified.