JC -v- SSWP (ESA): [2024] UKUT 13 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jones on 8 January 2024.
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Judicial Summary
The definition of prisoner in Regulation 69(2) of the Employment and Support Allowance Regulations 2008 (‘(a) detained in custody pending trial or sentence on conviction or under a sentence imposed by a court’) does not include those sentenced to imprisonment for civil contempt of court by the civil courts but only to those detained pending trial, conviction or sentence or thereafter sentenced to imprisonment by the criminal courts or for criminal offences.
The Appellant was not a prisoner within the definition of Regulation 69(2) on sentence by the civil court for civil contempt of court and was therefore entitled to Income Related ESA. The appeal against the decision of the FTT was allowed and the decision was set aside and re-made in his favour.