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IN THE UPPER TRIBUNAL Appeal No.UA-2022-001764-ESA
ADMINISTRATIVE APPEALS CHAMBER & UA-2022-001765-ESA
[2024] UKUT 131 (AAC)
On appeal from First-tier Tribunal (Social Entitlement Chamber)
Between:
Secretary of State for Work and Pensions
Appellant
- v -
M.A.
Respondent
Before: Upper Tribunal Judge Wikeley
Hearing date: 18 April 2024
Decision date: 8 May 2024
Representation:
Appellant: Mr Jack Castle of Counsel, instructed by the Government Legal Department
Respondent: Mr Joshua Yetman of Counsel, instructed by the Free Representation Unit
DECISION
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- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decisions of the First-tier Tribunal made on 3 May 2022 under file numbers SC242/16/08567 and SC242/16/00329 were ma
- The subject matter of this appeal to the Upper Tribunal
- The parties to this appeal
- The oral hearing of the Upper Tribunal appeal
- A summary of the factual background
- The Secretary of State’s decisions
- The First-tier Tribunal’s decision
- The Secretary of State’s grounds of appeal in the Upper Tribunal
- Some preliminary definitional issues
- Ground 1: the ‘work’ issue
- The parties’ submissions on Ground 1
- Discussion of Ground 1
- Ground 2: the ‘income’ issue
- The parties’ submissions on Ground 2
- Discussion of Ground 2
- Disposal
- Conclusions