FL v Secretary of State for Work and Pensions (UC): [2024] UKUT 6 (AAC).

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 11 December 2023.

Read the full decision in UA-2021-001442-UOTH.

Judicial Summary

Universal credit (UC) - Transitional protection arrangements for managed and natural migration to UC - Appellant naturally migrated from legacy benefits (Employment and Support Allowance, Housing Benefits, Child Tax Credit) to UC on moving to a different area - UC entitlement less than previous legacy benefit entitlement - No compensation for loss of enhanced disability premium (EDP) in breach of ECHR art 14 - Case on all fours with R (on the application of TP) v SSWP (TP (No.3)) - Universal Credit (Transitional Protection) Regulations 2014 regs 48, 63 and Sch.2 - Whether Regulations can be disapplied - RR v SSWP [2019] UKSC 52 considered and applied.

Published 1 February 2024