MA v Secretary of State for Work and Pensions (ESA)

MA v Secretary of State for Work and Pensions (ESA)

On the facts, the claimant and his wife were members of the same household at the material time, given their shared accommodation, joint concern for their son, and intermingling of finances, despite their estrangement and attempts at separation within the flat. The First-tier Tribunal's decision was wrong in law for...

Source-derived case information.

Parties
Claimant: MA; Respondent: Secretary of State for Work and Pensions (SSWP)
Jurisdiction
England and Wales
Judgment Date
31 May 2016
Procedural Posture
Appeal / Interim Decision After Oral Hearing, Upper Tribunal Administrative Appeals Chamber
Outcome
First-tier Tribunal decision set aside; interim decision issued; further evidence required before final determination.
Legal Topics
Income Related Employment and Support Allowance, Household Definition, Supersession and Revision of Benefit Decisions
Social Security Law Administrative Law Income Related Employment and Support Allowance Household Definition Supersession and Revision of Benefit Decisions

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Parties

MA

Claimant

Secretary of State for Work and Pensions (SSWP)

Respondent

Procedural Posture

Appeal / Interim Decision After Oral Hearing, Upper Tribunal Administrative Appeals Chamber

Legal Issues

  1. 1 Whether the claimant and his wife were members of the same household for purposes of ESA entitlement
  2. 2 Whether the Secretary of State had grounds to supersede or revise the original award of income-related ESA

Ratio Decidendi

On the facts, the claimant and his wife were members of the same household at the material time, given their shared accommodation, joint concern for their son, and intermingling of finances, despite their estrangement and attempts at separation within the flat. The First-tier Tribunal's decision was wrong in law for inadequacy of reasoning and insufficient findings of fact, but the correct conclusion is that only one household existed.

Court Disposition

First-tier Tribunal decision set aside; interim decision issued; further evidence required before final determination.

Orders

  • Secretary of State to make further submission within one month with all available evidence regarding information sought and received at the time of the original ESA award.
  • Claimant may reply within one month of receipt of the Secretary of State's submission.