Secretary of State for Work and Pensions v LM: [2023] UKUT 72 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 20 March 2023.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
5 May 2023
Categories:
Universal Credit
Sub-categories:
Universal Credit - Other
Judges:
Church, TH
Decision date:
20 March 2023

Read the full decision in .

Judicial Summary

Universal Credit 鈥� Regulation 54 of the Universal Credit Regulations 2013 (鈥�2013 Regulation鈥�) 鈥� proper approach to calculation 鈥渆arned income鈥� of employees who are paid on 14 day cycle, which doesn鈥檛 correspond with the assessment period prescribed by the 2013 Regulations, with the consequence that in some assessment periods they will receive as much as six weeks鈥� pay, and in others as little as two weeks鈥� pay) 鈥� whether Secretary of State鈥檚 failure to cater for the situation of such claimants in the 2013 Regulations was 鈥渋rrational and unlawful鈥�.

Updates to this page

Published 5 May 2023