[2024] UKUT 167 (AAC)

These appeals concern two linked decisions of the Secretary of State for Work and Pensions (‘SSWP’). In the first decision, dated 18^th January 2021, the SSWP decided that the Appellant’s entitlement to Employment and Support Allowance did not include the Severe Disability Premium between 06.09.19 and 26.11.20. This is referred to as the Entitlement Decision. In the Second decision, dated 15 June 2021, the SSWP decided that in consequence of the first decision the Appellant had received a recoverable overpayment of £4250.70. This is referred to as the Overpayment Decision.

The Appellant (ST) appealed against both decisions through his appointee (TT) who is his mother. By decision dated 8 November 2022 the First-tier Tribunal (FtT) refused both appeals. The FtT refused permission to appeal and the Upper Tribunal granted permission to appeal on 27^th March 2023.

The parties have each provided written submissions pursuant to initial directions by UT Judge Wikeley and subsequently in response to directions by me. Although the SSWP had originally supported the appeals, he has changed his position in consequence of my observations when making the subsequent directions. Mr Pennington for the Appellant has also lately invited the tribunal to dismiss the appeals. He has not sought to withdraw the appeals nor have the parties requested a consent order, and the Appellant has not consented to a decision without reasons.

Neither party has requested an oral hearing. In the light of the comprehensive written submissions provided by the parties, I am satisfied that I can fairly determine the appeals without a hearing.