Secretary of State for Work and Pensions v AS (CA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Ward |
| Neutral Citation | [2021] UKUT 24 (AAC) |
| Subject Matter | Ward,C |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 03 March 2021 |
SSWP v AS (CA) [2021] UKUT 24 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. CG/2617/2019(V)
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (Social Entitlement Chamber)
Between: Secretary of State for Work and Pensions Appellant
- v –
AS Respondent
Before: Upper Tribunal Judge Ward
Hearing date: 15 December 2020
Representation:
Appellant: Ms Julie Anderson, instructed by Government Legal Service
Respondent: Mr Craig Mccrossan, Citizens Advice
DECISION
The decision of the Upper Tribunal is to allow the Secretary of State’s appeal.
The decision of the First-tier Tribunal made on 7 December 2018 under number
SC269/18/01587 was made in error of law. Under section 12(2)(a) and (b)(ii) of the
Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remake it
as follows:
The claimant’s appeal against the Secretary of State’s decision dated 22
December 2017 refusing her carer’s allowance, on the ground that entitlement
was precluded by section 115(9) of the Immigration and Asylum Act 1999
because her leave to remain was on the basis of having no recourse to public
funds, is dismissed.
REASONS FOR DECISION
1. This decision follows a remote hearing which was consented to by the parties.
As required, I record that:
(a) the form of remote hearing was V (Kinly). A face-to-face hearing was not
held because it was not reasonably practicable in the light of Government
guidance on urgent matters of public health, not least because to reach a
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