PR v Secretary of State for Work and Pensions: [2023] UKUT 290 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 29 November 2023.
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Judicial Summary
Claim for universal credit made after claimant member of mixed age couple has reached pensionable age and has ceased to be entitled to employment and support allowance – claimant with limited capability for work and limited capability for work-related activity (LCWRA) - whether application of the three month waiting period for the LCWRA element being included in the Universal Credit award in regulation 28(2) of the Universal Credit Regulations 2013 (UC Regs) discriminates against such claimants compared to claimants exempted from this waiting period by regulation 28(3)-(5) of the UC Regs and regulations 19(5) and 21(5) of the UC(TP) Regs 2014 - whether claimant’s case come within ‘ambit’ of Article 1 of the First Protocol (protection of possessions) of the European Convention on Human Rights and Human Rights Act 1998.