Secretary of State for Work and Pensions v JA (UC): [2024] UKUT 52 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 19 February 2024.
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Judicial Summary
This appeal concerns the intersection between Universal Credit and Housing Benefit. It is about what happens to the transitional protections enjoyed by a claimant who has migrated from a legacy benefit to Universal Credit when they move from a type of accommodation funded by a local authority by way of Housing Benefit (in this case, specified accommodation) and which does not attract the Housing Costs Element of Universal Credit, to another type of accommodation (in this case, mainstream rented accommodation), which is funded by the Housing Costs Element of Universal Credit.
The crux of the appeal is:
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Whether the operation of regulation 55(2) of the Universal Credit (Transitional Provisions) Regulations 2014 (the 바카라 사이트淭ransitional Regulations바카라 사이트�) to erode the Claimant바카라 사이트檚 transitional protection in its entirety in these circumstances involved an unlawful breach of the Claimant바카라 사이트檚 rights under Article 14, read with Article 1 Protocol 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the 바카라 사이트淐onvention바카라 사이트�); and
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Whether the First-tier Tribunal judge who determined the Claimant바카라 사이트檚 appeal in respect of her entitlement was right to disapply that regulation. I decided that the answer to both of these questions was 바카라 사이트測es바카라 사이트�, and therefore dismissed the Secretary of State바카라 사이트檚 appeal.