HK v Secretary of State for Work and Pensions (ESA): [2017] UKUT 421 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 23 October 2017.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 3 November 2017

• Categories: Residence and presence conditions
• Sub-categories: Residence and presence conditions - right to reside
• Judges: Jacobs, E
• Decision date: 23 October 2017

Read the full decision in CE/1283/2017.

Judicial Summary

Retained status on the basis that the claimant is temporarily unable to work - a factual issue that does not depend on the conditions for employment and support allowance, although this may be of evidential value and will be relevant to entitlement to benefit.

Regulation 15A of the 2006 EEA Regulations - meaning of responsibility in definition of primary carer - whether Secretary of State’s argument that the claimant wife had to exhaust all her rights to reside was valid as a requirement in EU law.

Published 3 November 2017