Secretary of State for Work and Pensions v MJ: [2025] UKUT 035 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge West on 29 January 2025
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Judicial Summary
Claimant in receipt of Employment and Support Allowance (income-related) (“ESA”), including Severe Disability Premium (“SDP”) in the period immediately preceding her claim to Universal Credit (“UC”) – claim made for UC - SSWP determined that she was entitled to the transitional SDP amount of £285 per month – later converted to the transitional severe disability premium element (“TSDPE”) – the claimant later notified SSWP of a relevant change in circumstances (that she had been diagnosed with polymyalgia) – at that time UC award comprised a carer element of UC - SSWP decided to add a LCWRA element to her UC award and in consequence the carer element of the UC award was removed, pursuant to regulation 29(4) of the Universal Credit Regulations 2013 - by virtue of regulation 55 of the Universal Credit (Transitional Regulations) 2014, the effect of the addition of the LCWRA element was to erode the TSDPE to nil. Overall, the amount of her UC award went from £975.20 for the earlier assessment period to £879.98 for the following UC assessment period – whether breach of Article 14 and Article 1 Protocol 1 of ECHR – whether regulations 55(2)(c) and 55(4) of the 2014 Regulations to be interpreted and/or disapplied to avoid discriminatory outcome – whether TSDPE to be eroded by the difference between the carer’s element of UC and the LCWRA element of UC from the initial assessment period and for each subsequent assessment period.