CD v Secretary of State for Work and Pensions (Universal Credit)
| Jurisdiction | UK Non-devolved |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Judge | Judge Wright |
| Neutral Citation | [2024] UKUT 256 (AAC) |
| Published date | 19 September 2024 |
1
IN THE UPPER TRIBUNAL UT ref: UA-2023-000776-UHC
ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 256 (AAC)
On appeal from First-tier Tribunal (Social Entitlement Chamber)
Between: CD Appellant
- v –
Secretary of State for Work and Pensions Respondent
Before: Upper Tribunal Judge Wright
Decision date: 22 August 2024
Decided after a remote oral hearing on 14 May 2024
Appellant: The appellant represented himself.
Respondent: Ms Naina Patel of counsel instructed by GLD.
Further written submissions on 29 May 2024 and 11 June 2024.
DECISION
The decision of the Upper Tribunal is to dismiss the appeal.
REASONS FOR DECISION
1. This appeal treads a legal challenge path that has been trod several times before.
In all previous cases the challenge has not been successful. This appeal is no
exception.
2. The essential argument in the appeal is that the appellant father has been
unlawfully discriminated against under the universal credit rules in not being entitled to
an amount of universal credit to enable his son to have a bedroom when living with the
appellant. The appeal therefore raises the equivalent “shared care” issue as has been
considered in, for example: Humphreys –v- Her Majesty’s Revenue and Customs
[2012] UKSC 18; [2012] AACR 46; TD v SSWP and London Borough of Richmond-
Upon-Thames (HB) [2013] UKUT 642 (AAC), JB v SSWP and Basingstoke and Deane
BC (HB) [2014] UKUT 223; MR v North Tyneside Council and SSWP [2015] UKUT 34
(AAC); and R(Cotton) v SSWP [2014] EWHC 3437 (Admin).
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1 cases
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CD v Secretary of State for Work and Pensions
...in Humphreys (on tax credits) and in TD and Cotton (in respect of housing benefit) on A1P1 and article 14UA-2023-000776-UHC ADMINISTRATIVE APPEALS CHAMBER [2024] UKUT 256 (AAC) On appeal from First-tier Tribunal (Social Entitlement - v – Secretary of State for Work and Pensions Respondent B......
