PJ v The Secretary of State for Work and Pensions: [2025] UKUT 284 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 18 August 2025.
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Judicial Summary
The Upper Tribunal allowed the claimant’s appeals because the First-tier Tribunal erred in law in treating the claimant’s withdrawals from his self-invested personal pension as “income” for the purposes of Regulation 46(3) of the Universal Credit Regulations 2013.
The withdrawals were not characterised by the operation of any definite principle. They were not “steady” or “uniform”, and they were not repeated at “fixed times” or at “uniform intervals”. It was not, therefore, open to the First-tier Tribunal to conclude that the payments were “regular” and “by reference to a period”, falling to be treated as “income” under Regulation 46(3).
The Upper Tribunal set aside and remade the decisions.