The decision of the Upper Tribunal is to dismiss the appeal
The decision of the Upper Tribunal is to dismiss the appeal.
This decision is made under section 11 of the Tribunals, Courts and Enforcement Act 2007.
REASONS FOR DECISION
Introduction
In this appeal the Appellant challenges the First-tier Tribunal’s decision of 7 September 2022 on the question of her entitlement to universal credit. The First-tier Tribunal decided to refuse the Appellant’s appeal against the Secretary of State’s decision dated 27 December 2020. The appeal turns on the nature of a payment made to the Appellant by her former employer in settlement of an employment tribunal claim and whether it can be disregarded.
The universal credit scheme has a lower capital limit (£6,000) and an upper capital limit (£16,000) (Universal Credit Regulations 2013 (SI 2013/376) regulations 18 and 72). Savings of less than £6,000 have no effect on benefit entitlement. Savings in excess of £16,000 (assuming they are not disregarded) preclude any entitlement to universal credit. Savings between £6,001 and £16,000 are assumed to yield a set monthly income for every £250 (or part thereof) between the lower and upper limits.
I conclude that there is no material error of law in the First-tier Tribunal’s decision. It follows that the Appellant’s further appeal to the Upper Tribunal must be dismissed.
In this decision I refer to the Appellant simply as such or as “Miss R” in order to preserve her anonymity and so her privacy.
I do not consider an oral hearing of this appeal is necessary. The appeal is ready for determination ‘on the papers’ and it is fair and just to proceed on that basis.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal
- The key chronology
- The Secretary of State’s response to the appeal to the First-tier Tribunal
- The First-tier Tribunal’s decision on the Appellant’s appeal
- The Upper Tribunal’s decision to give the Appellant permission to appeal
- The Upper Tribunal’s analysis
- Ground 1: the 2019 claim for universal credit
- Ground 2: the compensation payment
- Conclusions
![[2024] UKUT 196 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)