[2024] UKUT 10 (AAC)

This is an appeal, with the permission of the President of the Pensions Appeals Tribunal for Scotland, against the decision of the First-tier Tribunal sitting at Edinburgh on 11 July 2023.

I shall refer to the claimant hereafter as “the claimant”. The respondent is the Secretary of State for Defence. I shall refer to him hereafter as “the Secretary of State”. I shall refer to the tribunal which sat on 11 July 2023 as “the Tribunal”.

The claimant appealed against the decision of 20 January 2022 that his unemployability supplement (“UnSupp”) be abated in respect of his award of universal credit (“UC”) with effect from 9 February 2022. As set out in the decision letter, the effect of the abatement was that the UnSupp was reduced by £79.03 per week from £119.90 to £56.37 per week. His war disablement pension and his comfort allowance were not reduced and remained payable at £135.80 and £15.75 per week respectively. Thus, with effect from 9 February 2022 he was to receive £207.92 per week, comprising the war disablement pension of £135.80, the abated UnSupp of £56.37 and the comforts allowance of £15.75.

The matter came before the Tribunal on 11 July 2023 when the claimant appeared by video and gave oral evidence. A presenting officer (Mr Ferguson) also appeared by video on behalf of the Secretary of State. The appeal was refused and the decision of the Secretary of State upheld.