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Introduction
Introduction
These appeals involve a common legal issue. They were therefore heard and determined together. The SSWP’s appeal against the First-tier Tribunal decision made about SC was registered first with the Upper Tribunal office. It therefore appears as the first named appeal.
The structure of these decisions is as follows:
Table of Contents
Factual background and the First-tier Tribunals’ decisions 5
(b) MJ v (1) LB Bromley and (2) SSWP 6
Hearing before the Upper Tribunal 9
Summary of the legal issues and some terms used by the parties 12
The parties’ positions and the arguments put forward at the hearing 13
CPAG’s arguments on behalf of MJ and observations about SC 13
(b) The SSWP’s arguments in relation to both appeals 19
(c) LP’s arguments in relation to the appeal against SC 24
(a) Case law dealing with closed period supersessions decided before the Social Security Act 1998 26
(b) Case law about closed period supersessions made under the Social Security Act 1998 29
(c) Published DWP guidance about the application of closed period supersession decisions 32
(d) Comparing the different legislation addressed by the case law 33
(e) The role of section 8 of the SS Act 1998 in closed period supersessions 37
(f) The legal mechanism for making a closed period supersession 38
(g) Addressing the supersession mechanism put forward by Mr Williams 41
(h) Application of the anticipated change of circumstances supersession ground to MJ or SC 44
(l) Was it open to FTT1 to revise the SSWP’s decision about SC and make a nil award of UC? 50
- Heading
- DIRECTIONS
- These Directions may be supplemented by later directions by a tribunal judge, registrar, or case worker, in the Social Entitlement Chamber of the First-tier Tribunal
- Introduction
- Factual background and the First-tier Tribunals’ decisions
- Hearing before the Upper Tribunal
- Legal framework
- Summary of the legal issues and some terms used by the parties
- The parties’ positions and the arguments put forward at the hearing
- Legal analysis
- Conclusions
- Disposal
- Annex A: relevant applicable legislation
- (b) any income-related benefit
- Conclusions