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England and Wales decisions
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The Upper Tribunal allowed the Secretary of State’s appeal, set aside the First-tier Tribunal’s decision, and held the claimant needed a fresh claim to regain Universal Credit.
The Upper Tribunal held that child benefit had ended after HMRC terminated the award, so the claimant was not entitled to widowed parent’s allowance for the period in issue.
The Upper Tribunal dismissed IRD’s appeal against HMRC, holding his futures trading did not meet the working tax credit rules for self-employment or remunerative work.
The Court held that s. 1(1B)(b) SSAA 1992 requires claimants to provide information or evidence that actually justifies the allocation of a NINo, not merely evidence that appears sufficient on its face. Full verification is required before entitlement to Universal Credit is established. However, the Court found that the Secretary of State's position that it is never possible to make an advance payment to a claimant without a NINo is not warranted by the language of the regulations. In principle, the Secretary of State can consider whether it is likely that the conditions of entitlement are me…
Source excerpt
The Upper Tribunal held that a nil Universal Credit award does not amount to entitlement for housing benefit passporting, set aside the FTT decision, and remitted the case.
The Upper Tribunal held that a cared-for person’s consent is not a legal condition for Carer’s Allowance and allowed the Secretary of State’s appeal.
Bui, R (On the Application Of) v Secretary of State for Work and Pensions (Re Universal Credit) [2023] EWCA Civ 566 (25 May 2023)
Court of Appeal held genuine evidence is required for NINo-linked UC claims, upheld the DWP’s two-stage NINo process, but rejected a blanket refusal to consider advance payments.
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