PQ v Secretary of State for Work and Pensions (JSA): [2026] UKUT 1 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 09 January 2026.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 22 January 2026

• Categories: Capital, Earnings and other income and Jobseekers allowance
• Sub-categories: Capital - Income as capital, Earnings and other income - disregards and Jobseekers allowance - other
• Judges: Wikeley, N
• Decision date: 9 January 2026

Read the full decision in UA-2024-000613-JSA.

Judicial Summary

The Appellant, while in receipt of income-related jobseeker’s allowance, entered into two surrogacy arrangements with two sets of intended parents. During her pregnancies she received monthly payments for expenses amounting to £15,000 and £10,500 respectively for each surrogacy agreement. The Secretary of State decided the surrogacy payments amounted to income and that as a result there had been a recoverable overpayment of benefit. The First-tier Tribunal refused the Appellant’s appeal. The Upper Tribunal dismissed the Appellant’s further appeal, holding that the payments were correctly categorised as income (applying Morrell v SSWP) and that there were no applicable disregards (applying R v Doncaster MBC ex p. Boulton).

Published 22 January 2026