Secretary of State for Work and Pensions v Timothy-Barnes Watts (ESA): [2026] UKUT 202 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 22 May 2026.
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Judicial Summary
The claimant, who was in receipt of ESA, travelled abroad for a funeral, intending to return to Great Britain within three weeks. This temporary absence would have been covered by regulation 152 of the Employment and Support Allowance (ESA) Regulations 2008 (SI 2008/794). However, he fell ill while abroad, was quarantined and required extensive medical treatment. The claimant was unable to return to Great Britain for some months, being absent in total for 21 weeks. The Secretary of State’s decision-maker decided the claimant had no entitlement to ESA whilst abroad. The First-tier Tribunal allowed the claimant’s appeal. The Upper Tribunal allowed the Secretary of State’s appeal, holding that the FTT had misapplied regulation 153 of the ESA Regulations 2008 on temporary absence to receive medical treatment. This provision required that the claimant had left Great Britain at the outset for the purpose of receiving medical treatment, not that they had required such treatment due to a medical emergency whilst abroad. Secretary of State for Work and Pensions v NJ [2026] EWCA Civ 23 applied and KK v SSWP (UC) [2025] UKUT 258 (AAC) considered.