JS v Secretary of State for Work and Pensions (CA)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jacobs |
| Neutral Citation | [2019] UKUT 239 (AAC),[2019] UKUT 239 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | European Union law,European Union law - Council regulations 1408/71/EEC,(EC) 883/2004,Jacobs,E |
| Date | 30 July 2019 |
| Published date | 27 August 2019 |
JS V SECRETARY OF STATE FOR WORK AND PENSIONS
[2019] UKUT 239 (AAC)
UPPER TRIBUNAL CASE NO: CG/0733/2018
1
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
As the decision of the First-tier Tribunal (made on 2 January 2018 at
Chesterfield under reference SC308/17/01920) 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 United Kingdom is the competent State for the claimant’s
claim for a carer’s allowance. The Secretary of State will now investigate and
decide whether she qualifies for an award.
REASONS FOR DECISION
1. I held an oral hearing of this appeal on 25 July 2019. The claimant was
represented by Tim Buley QC and Kim Ziya of counsel, who acted pro bono
through the good offices of the Free Representation Unit. Galena Ward of counsel
appeared for the Secretary of State. I am grateful to all of them for their written
and oral argument.
A. History and background
2. This case concerns a carer’s allowance. The claimant, who is Polish, made a
claim for an allowance with effect from 2 February 2017 in respect of the care she
provided for her partner. The tribunal did the best it could to make findings of
fact about the claimant’s employment and income from her work as a cleaner.
The evidence was slightly inconsistent, but not to any material extent. In round
figures, the claimant was working six or seven hours a week and earning around
£2500 a year. She did not advertise, had no business insurance, did not have to
pay for materials, and had no stock costs. In other words, she was typical of
someone who carried out a small amount of cleaning to supplement the family
income.
B. The legislation
3. Section 70(4A) of the Social Security Contributions and Benefits Act 1992
governs carer’s allowance and provides:
(4A) A person to whom either Regulation (EC) No. 1408/71 or Regulation
(EC) No. 883/2004 applies shall not be entitled to an allowance under this
section for a period unless during that period the United Kingdom is
competent for payment of sickness benefits in cash to the person for the
purposes of Chapter 1 of Title III of the Regulation in question.
Article 11 of Regulation 883/2004 provides :
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