AMS v Secretary of State for Work and Pensions (PC): [2017] UKUT 48 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 2 February 2017.

Read the full decision in CPC/5400/2014.

Judicial Summary

Decisions of the CJEU such as Dano, Alimanovic and Garcia-Nieto have resisted expanding the requirement in C-140/12 Brey for a personalised assesment to be carried out in certain circumstances beyond its original field of application, but have not overruled it. The decision of the Supreme Court in Mirga is consistent with this analysis.

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