[2023] UKUT 288 (AAC)

The First-tier Tribunal on 24 March 2022 dealt with two separate appeals by the claimant against two discrete decisions taken by decision-makers on behalf of the Secretary of State.

In the first case, under file reference SC322/20/01074, the Tribunal dismissed the claimant’s appeal, confirming the Secretary of State’s decision (dated 19 September 2019) that the claimant was not entitled to IRESA as from 12 September 2019 because he was detained in lawful custody. There has been no further effective challenge to that decision by the Tribunal.

In the second case, under file reference SC322/21/00074, the Tribunal allowed the claimant’s appeal and set aside the Secretary of State’s decision (dated 10 May 2020) on the UC claim. The Tribunal in effect ruled that the claimant’s application for UC had been invalid, given the ‘SDP Gateway’ then in place, and the Secretary of State should now treat the claim for UC as a claim for IRESA and so re-assess the claimant for an award of IRESA. A District Tribunal Judge subsequently gave the Secretary of State permission to appeal in relation to this second decision.