LR v Secretary of State for Work and Pensions (UC)
| Jurisdiction | UK Non-devolved |
| Judge | Judge West |
| Neutral Citation | [2022] UKUT 65 (AAC) |
| Subject Matter | Universal Credit - Other,West,M |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 22 March 2022 |
LR v SSWP (UC) [2022]
UKUT 65 (AAC)
IN THE UPPER TRIBUNAL Appeal No. CUC/1019/2020
(ADMINISTRATIVE APPEALS CHAMBER)
BEFORE UPPER TRIBUNAL JUDGE WEST
On Appeal from the First-tier Tribunal (Social Entitlement Chamber)
SC242/19/05749
BETWEEN
Appellant LR
and
Respondent THE SECRETARY OF STATE FOR WORK AND PENSIONS
BEFORE UPPER TRIBUNAL JUDGE WEST
Decided after a hearing on 8 February 2022
DECISION
The decision of the First-tier Tribunal sitting at Fox Court dated 26 February
2020 under file reference SC242/19/05749 does not involve an error on a
point of law. The appeal against that decision is dismissed.
REASONS
Introduction
1. This is an appeal, with my permission, against the decision of the First-
tier Tribunal sitting at Fox Court on 26 February 2020.
LR v SSWP (UC) [2022] UKUT 65 (AAC)
2. I shall refer to the appellant hereafter as “the claimant”. The respondent
is the Secretary of State for Work and Pensions. I shall refer to her hereafter
as “the Secretary of State”. I shall refer to the tribunal which sat on 26
February 2020 as “the Tribunal”.
3. The claimant appealed against the decision of 8 October 2018 that she
was in receipt of unearned income in the form of an Irish widow’s contributory
pension (“IWCP”) which fell to be deducted from her universal credit. The
Secretary of State decided that her IWCP was to be classified as “unearned
income” under the relevant legislative provisions because it was analogous to
UK widow’s pension. The decision was reconsidered, but not revised, on 14
May 2019.
4. The matter came before the Tribunal on 26 February 2020 when the
claimant appeared with a friend and a Russian interpreter and gave oral
evidence. The Secretary of State was represented by a presenting officer.
The appeal was refused and the original decision confirmed.
History Of The Claim
5. The claimant made a claim for universal credit on 28 April 2018. She
declared that she was not working and had a health condition restricting her
ability to take up or look for work. On 30 May 2018 she applied for and was
granted bereavement support payment (“BSP”). On 6 June 2018 she provided
a copy of her late husband’s death certificate confirming that he had died on
27 April 2018. She also provided a copy of her BSP notice.
6. Following submission of her application, her universal credit was
calculated for the assessment period 28 April 2018 to 27 May 2018 as the
standard allowance of £317.82 and the housing element of £514.28 (with no
deductions), giving her a total of £832.10.
7. On 13 September 2018 she reported that she had started to receive an
Irish pension payment. On 24 September 2018 she provided a copy of a letter
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