Secretary of State for Work and Pensions v NC (ESA): [2023] UKUT 124 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Rowland on 26 May 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 June 2023

• Categories: Employment and support allowance, Revisions, supersessions and reviews
• Sub-categories: Employment and support allowance - contributory ESA, Revisions, supersessions and reviews - supersession: general
• Judges: Rowland, M
• Decision date: 26 May 2023

Read the full decision in UA-2022-000802-ESA.

Judicial Summary

Contributory employment and support allowance - imprisonment - whether claimant disqualified for receiving payments - whether claimant treated as not having limited capability for work.

Supersession - decision that claimant be treated as not having limited capability for work for more than 12 weeks while in prison - decision made after claimant’s release - whether claimant’s entitlement to both contributory employment and support allowance and income-related employment and support allowance following release to be determined within the supersession or following a new claim.

Published 19 June 2023