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.
Read the full decision in .
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”.