[2023] UKUT 288 (AAC)

The essence of the Secretary of State’s ground of appeal is that it would be unlawful to implement the Tribunal’s second decision. The Secretary of State’s primary submission is that there is no provision for a claim for UC to be treated in the alternative as a claim for IRESA, which was what the Tribunal had directed. Certainly, regulation 9 of the Social Security (Claims and Payments) Regulations 1987 (SI 1987/1968), when read with Schedule 1 to the same Regulations, allows for the interchange of claims for some specified benefits (but not including UC). However, the Secretary of State’s representative points out there is no such equivalent provision in the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (SI 2013/381), which govern decision-making in the UC scheme.