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England and Wales decisions
Decisions matching the current search
The Court of Appeal held that ESA entitlement could not continue during long absences in Spain for sunlight exposure: the absence was not solely for qualifying treatment.
Secretary of State for Work & Pensions v NJ [2026] EWCA Civ 23 (22 January 2026)
The Court of Appeal held that sunlight exposure in Spain was not “medical treatment” under ESA rules and that the claimant’s husband was not appropriately qualified.
The Court of Appeal held that criminal trading activity can count as “work” and its proceeds as “income” for ESA means-testing under the 2008 Regulations.
Allen v The Secretary of State for Work And Pensions [2026] EWCA Civ 19 (21 January 2026)
The Court of Appeal held that criminal bike dealing could still count as “work” and “income” for ESA purposes, and dismissed the appeal.
The Upper Tribunal allowed an ESA appeal, set aside the First-tier Tribunal decision, and remitted the case because inadequate reasons were given for deciding it on the papers.
The Upper Tribunal allowed DF’s appeal in an ESA case, set aside the First-tier Tribunal’s decision for legal error, and remitted the case for rehearing.
The Upper Tribunal allowed an ESA appeal by consent, finding the First-tier Tribunal erred in law by failing to treat an ESA claim as an advance claim for income-related ESA.
The Upper Tribunal allowed an ESA appeal, set aside the First-tier Tribunal’s decision for error of law, and remitted the case for a fresh hearing.
The Upper Tribunal refused the ESA entitlement appeal, but allowed the ESA overpayment appeal, finding the First-tier Tribunal gave inadequate reasons and remitting the matter.
The Upper Tribunal held that new-style ESA overpayments are recoverable under section 71ZB regardless of cause, and that the tribunal could consider only the amount recoverable.
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