LB v Secretary of State for Work and Pensions (ESA): [2019] UKUT 153 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 9 May 2019.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
11 June 2019
Categories:
Earnings and other income, Employment and support allowance, Recovery of overpayments
Sub-categories:
Earnings and other income - calculation: employed, Employment and support allowance - other, Recovery of overpayments - amount recoverable
Judges:
Wikeley, N
Decision date:
9 May 2019

Read the full decision in CE/870/2018, CE/871/2018 & CE/874/2018.

Judicial Summary

Claimant undertaking permitted work under zero hours contract while on ESA - process by which earnings to be averaged when calculating periods of ESA entitlement and non-entitlement and amount of overpayment - ESA Regulations 2008 regs 45(4), 88 and 94(6) - whether 5 week rolling average appropriate - MS v SSWP (IS) [2015] UKUT 423 (AAC) considered

Published 11 June 2019