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Conclusions
Conclusion
I therefore conclude that the decisions of the First-tier Tribunal involve an error of law. I allow the appeals and set aside the decisions of the tribunal (Tribunals, Courts and Enforcement Act 2007, section 12(2)(a)). The case must be remitted for re-hearing by a new tribunal subject to the directions above (section 12(2)(b)(i)). My decision is also as set out above.
Nicholas Wikeley
Judge of the Upper Tribunal
Authorised for issue on 28 August 2024
- Heading
- The decision of the Upper Tribunal is to allow both appeals. The decisions of the First-tier Tribunal made on 3 May 2023 under file number SC246/22/01293 and on 29 August 2023 under file number SC246/
- Introduction
- Why this is important
- The context of the present appeal
- The DWP’s decisions in this case
- The First-tier Tribunal’s decision on the entitlement appeal
- The First-tier Tribunal’s decision on the overpayment appeal
- The Appellant’s appeal to the Upper Tribunal
- The legislation governing non-dependants in the Universal Credit scheme
- The relevant case law on the meaning of “non-dependant”
- Discussion
- Disposal
- Postscript: the DWP’s own guidance
- Conclusions