CD v Secretary of State for Work and Pensions

CourtUpper Tribunal (Administrative Appeals Chamber)
JudgeDecided after a remote oral hearing on 14 May 2024
Judgment Date22 August 2024
Neutral Citation[2024] UKUT 256 (AAC)
Date22 August 2024
Year2024
CounselMs Naina Patel Of Counsel
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).
1

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1 cases
  • CD v Secretary of State for Work and Pensions (Universal Credit)
    • United Kingdom
    • Upper Tribunal (Administrative Appeals Chamber)
    • Invalid date
    ...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 dat......