NM v Secretary of State for Work and Pensions (UC)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jacobs |
| Neutral Citation | [2021] UKUT 46 (AAC) |
| Subject Matter | Earnings,other income - other,Jacobs,E |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 07 April 2021 |
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
UPPER TRIBUNAL CASE NO: CUC/0761/2019
[2021] UKUT 46 (AAC)
NM V SECRETARY OF STATE FOR WORK AND PENSIONS
Decided without a hearing
Representatives
Claimant
Tower Hamlets CAB and then Chris Parsons of
Tower Hamlets Law Centre
Secretary of State
DMA Leeds
DECISION OF UPPER TRIBUNAL JUDGE JACOBS
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Reference:
SC242/18/06661
Decision date:
6 November 2018
Venue:
Fox Court
As the decision of the First-tier Tribunal involved the making of an error in point of
law, it is SET ASIDE under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and
Enforcement Act 2007 and the decision is RE-MADE.
The decision is: the Secretary of State’s decisions of 13 December 2017 and 13
February 2018 are confirmed, save only that the amount of the deposit on the
claimant’s uniform is to be removed from the amount of his employed earnings.
REASONS FOR DECISION
1. I am sorry that it has taken so long to decide this appeal. It was first held back
to await the outcome of the appeal to the Court of Appeal against the decision of the
Administrative Court in R (Johnson, Woods, Barrett and Stewart) v Secretary of State
for Work and Pensions [2019] EWHC 23 (Admin). It was then held back to decide
whether it raised issues under the Court of Appeal’s decision: Secretary of State for
Work and Pensions v Johnson [2020] EWCA Civ 778.
To continue reading
Request your trial