Secretary of State for Work and Pensions v PL (UC): [2023] UKUT 288 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 22 November 2023.
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Judicial Summary
Claimant’s award of income-related employment and support allowance (IRESA) with severe disability premium (SDP) stopped when he was remanded in custody - Claimant’s award of housing benefit with SDP continued in payment - On release claimant made claim for universal credit in circumstances where he should have been prevented from claiming UC by the SDP Gateway - regulation 4A of the UC (Transitional Provisions) Regulations 2014 considered - First Tier Tribunal erred in law by directing Secretary of State to treat claim for UC as a claim for IRESA.