Secretary of State for Work and Pensions v LM: [2023] UKUT 72 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 20 March 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 5 May 2023

• Categories: Universal Credit
• Sub-categories: Universal Credit - Other
• Judges: Church, TH
• Decision date: 20 March 2023

Read the full decision in UA-2021-000044-UOTH.

Judicial Summary

Universal Credit – Regulation 54 of the Universal Credit Regulations 2013 (“2013 Regulation”) – proper approach to calculation “earned income” of employees who are paid on 14 day cycle, which doesn’t correspond with the assessment period prescribed by the 2013 Regulations, with the consequence that in some assessment periods they will receive as much as six weeks’ pay, and in others as little as two weeks’ pay) – whether Secretary of State’s failure to cater for the situation of such claimants in the 2013 Regulations was “irrational and unlawful”.

Published 5 May 2023