AP v Secretary of State for Work and Pensions (IS): [2018] UKUT 307 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 18 September 2018

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 October 2018

• Categories: Residence and presence conditions
• Sub-categories: Income support and state pension credits - applicable amounts, Residence and presence conditions - right to reside
• Judges: Poynter, R
• Decision date: 18 September 2018

Read the full decision in CIS/1798/2018.

Judicial Summary

Right to reside test. Housing benefit is a “specified benefit” for the purposes of the transitional protection conferred by regulation 6 of the Social Security (Habitual Residence) Amendment Regulations 2004 (SI 2004/1232). In an appropriate case, the FTT must exercise its enabling and inquisitorial jurisdiction to investigate the claimant’s entitlement to housing benefit.

Published 9 October 2018