[2024] UKUT 137 (AAC)

On appeal from: First-tier Tribunal (Social Entitlement Chamber)

Appellant: AM

Respondent: The Secretary of State for Work and Pensions

Before T H Church, Judge of the Upper Tribunal

Decision: The appeal is allowed. As the decision of the First-tier Tribunal (which it made at Sutton on 3 May 2023 under reference SC154/23/00205) involved the making of an error of law, it is set aside and is remade as follows:

“The appeal is allowed.

The decision of the Secretary of State made on 30 July 2021 is set aside.

The appellant was awarded universal credit from 29 September 2016.

His award of universal credit is superseded from 29 June 2021 by reason of a change of circumstances, namely that the claimant then ceased to satisfy the basic condition set out in Section 4(1)(c) of the Welfare Reform Act 2012 and the disregard provided for by Regulation 11(1) of the Universal Credit Regulations 2013 ceased to apply because he had, by 18 June 2021, been absent from Great Britain for a period exceeding one month.

Because the appellant remained entitled to universal credit in respect of the assessment period beginning on 29 May 2021 and ending on 28 June 2021 the payment of universal credit made to him in respect of that assessment period represents a payment in accordance with his entitlement, and not an overpayment.”

This decision is made under Section 12 of the Tribunals, Courts and Enforcement Act 2007.

REASONS FOR DECISION