Published on 11 February 2025
Secretary of State for Work and Pensions v MJ [2025] UKUT 035 (AAC)
This is a challenge to the policy of the Secretary of State for Work and Pensions in relation to MJ, a claimant in receipt of the carer element and transitional SDP element, to erode the whole of her transitional SDP element when she was found to have limited capability for work and work related activity. The UT allowed the SSWP’s appeal and re-made the FTT decision in MJ’s favour, finding that she had been unlawfully discriminated against.
Read CPAG information on the case and what claimants can do in a similar position – cpag.org.uk/welfare-rights/test-cases/test-case-updates/erosion-disabled-carers-tsdpe-due-addition-lcwra-element-and-removal-carer