[2025] UKUT 035 (AAC)

For these reasons I am satisfied that the decision of the First-tier Tribunal sitting at Ashford dated 19 April 2023 under file reference SC302/22/00270 involves an error on a point of law. The appeal against that decision is allowed and the decision of the Tribunal is set aside.

I remake the decision which the Tribunal should have made, although it is to the same effect as the original decision, but on a correct basis in law.

The decision is that the erosion of the full amount of MJ’s TSDPE is discriminatory and contravenes her Convention rights. Regulation 55(2)(c) and Regulation 55(4) of the 2014 Regulations must be interpreted and/or disapplied to avoid the discriminatory outcome. MJ’s TSDPE is to be eroded by the difference between the carer’s element of UC and the LCWRA element of UC from the assessment period from 10 October 2021 to 9 November 2021 and for each subsequent assessment period.