Mr Steven Ball (deceased) v The Secretary of State for Work and Pensions (UC): [2026] UKUT 352 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Markus on 14 September 2026.
Read the full decision in .
Judicial Summary
The appellant claimed that he had been entitled to the Transitional Severe Disability Premium element of Universal Credit (‘UC’) because, prior to his entitlement to UC, he had been entitled to the Severe Disability Premium (‘SDP’) of Employment and Support Allowance (‘ESA’). The First-tier Tribunal (‘FtT’) dismissed the appeal because there had been no award of SDP and so he had not been entitled to it.
During the course of the appeal to the Upper Tribunal, the SSWP superseded the ESA award to include SDP up to the date of migration to UC, on the ground that (contrary to the SSWP’s original position) the appellant had reported a relevant change of circumstances.
The Upper Tribunal decides that the FtT erred in law in failing to appreciate that the appellant had reported a relevant change of circumstances and that the ESA award should have been revised at that time. Although section 12(8)(b) of the Social Security Act 1998 meant that the FtT was unable to amend the UC award, the FtT should have adjourned the appeal to allow the SSWP to consider revising the UC award.
The Upper Tribunal allows the appeal, sets aside the FtT’s decision and directs the SSWP to consider revising the award of UC. If the award is revised, the appeal will lapse.