Smith v Secretary of State for Work and Pensions (ESA): [2018] UKUT 270 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 10 August 2018.
Read the full decision in .
Judicial Summary
“Revision for official error and the operation of the anti-test case rule in S 27 Social Security Act 1998. Judicial Review transferred from the Administrative Court. Compromised by consent of the parties on the bases that: (i) The Secretary of State accepts that prior to the decision of the Upper Tribunal made on 21 October in LH v SSWP [2014] UKUT 480 (AAC); [2015] AACR 14 (LH) the DWP was aware that ESA was one benefit with two elements which did not require a separate claim for each; that it was the duty of the Secretary of State to consider a person’s entitlement to income related ESA from the date of conversion from Incapacity Benefit and to seek information as to that, accordingly a failure to do so was official error and (ii) The anti-test case rule did not apply (iii) The decision to the contrary in SK v SSWP [2018] UKUT 267 (AAC) contained an error of law insofar as it held that LH was a relevant determination pursuant to s 27 and as a consequence in its application of Regulations 3 and 6-7 of the Decision and Appeals regulations 1999.”