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A summary of the proceedings in the Upper Tribunal
A summary of the proceedings in the Upper Tribunal
On 16 October 2023 Upper Tribunal Judge Citron gave PHC permission to appeal to the Upper Tribunal, pointing out that, although the Department had the power to require provision of proof of identity, it was not itself a condition of entitlement to UC. Judge Citron further considered it was arguable that the FTT had accordingly lost sight of its task, namely to determine whether the Respondent’s decision to refuse the Appellant’s claim for UC was correct in law.
On 15 November 2023 Ms Emma Fernandes filed a written submission on behalf of the Secretary of State, supporting the Appellant’s appeal to the Upper Tribunal. On 26 January 2024 Deputy Upper Tribunal Judge Buley KC issued further and more detailed observations and directions on the appeal. In pursuance of those directions, Ms Jessica Cowan provided a very helpful supplementary submission on the appeal on behalf of the Secretary of State (dated 18 March 2024).
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 14 September 2022 under number SC154/22/01415 was made in error of law. Under section 12(2)(a
- Introduction
- The Appellant’s request for an oral hearing of her Upper Tribunal appeal
- The background
- A summary of the proceedings in the Upper Tribunal
- Making sense of ‘case closure’ in cases where identity is in issue
- Interpretation One: suspension and termination
- Interpretation Two: disallowance as penalty for failing to comply with a request for evidence
- Interpretation Three: claim not in the required manner (version 1)
- Interpretation Four: claim not in the required manner (version 2)
- Interpretation Five: disallowance under SSAA 1992 sections 1(1A) and 1(1B)
- The First-tier Tribunal’s decision in the present appeal
- The approach that the new First-tier Tribunal should take
- The evidence relating to the National Insurance number (NiNo)
- Conclusions