MH v Secretary of State for Work and Pensions (ESA): [2021] UKUT 90 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 15 April 2021.
Read the full decision in .
Judicial Summary
Claimant for employment and support allowance found to have limited capability for work but not limited capability for work-related activity - Claimant appealed to tribunal saying he should be in support group because of inappropriate behaviour - No points awarded for inappropriate behaviour - DWP appeals officer provided tribunal office with Unacceptable Customer Behaviour (UCB) report of incident involving claimant on visit to JobCentre - UCB report not disclosed to claimant but relied upon by tribunal in reaching its decision that he was not entitled to support group rate - Whether tribunal erred in law as to (i) application of regulation 35 and (ii) reliance on evidence that had not been disclosed to the claimant.