Secretary of State for Work and Pensions v AT (Aire Centre and IMA intervening) UC: [2022] UKUT 330 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Mr Justice Chamberlain, Judge Ward and Judge Wright on 12 December 2022.
Read the full decision in .
Judicial Summary
Whether the principles enshrined in the European Union Charter of Fundamental Rights may apply in the United Kingdom under the Withdrawal Agreement and after the end of the Brexit Implementation Period – if those Charter principles do apply, in what circumstances, and how, should the decision of the The Court of Justice of the European Union in CG v Department for Communities (C-709/20) be applied to an individual benefit claim - when, if at all, is an individualised assessment needed under CG and what factors are relevant. The Upper Tribunal has given the Secretary of State for Work and Pensions permission to appeal to the Court of Appeal.