Secretary of State for Work and Pensions v PC (UC) : [2024] UKUT 186 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 14 February 2024
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Judicial Summary
When remaking a decision under appeal where it was common ground that the F-tT had erred in law on other grounds, the UT considered whether the claimant had retained worker status under Art.7(3) of Directive 2004/38 and its implementing domestic legislation. It concluded that she had not done so, as in the circumstances of the case there had been “undue delay” (SSWP v MK [2013] UKUT 0163 (AAC)) in registering with the jobcentre, when it had taken her some 3 months to do so. If aspects of the DWP’s operations (some of which were disputed) and/or of universal credit rules meant that the DWP either could not monitor the claimant’s job search, or did not do so when it had the chance, that was not relevant: Art.7(3) permits a state to require registration so as to permit it to monitor but does not require it to carry out monitoring - SSWP v Elmi [2011] EWCA Civ 1403 considered.