Secretary of State for Work and Pensions v MS (UC): [2023] UKUT 44 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 15 February 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 14 March 2023

• Categories: European Union law
• Sub-categories: European Union law - Council regulations 1408/71/EEC and (EC) 883/2004
• Judges: Jacobs, E
• Decision date: 15 February 2023

Read the full decision in UA-2021-001957-UCH

Judicial Summary

The child element of universal credit is not a social security family benefit for the purpose of Regulation (EC) 883/2004.

A reference to the European Court of Justice cannot be made unless it concerns the interpretation of the Withdrawal Agreement. It is not sufficient for it to concern the interpretation of Regulation 883/2004.

Published 14 March 2023