Secretary of State for Work and Pensions Appellant – v – M.A: [2024] UKUT 131 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 08 May 2024

Read the full decision in UA-2022-001764-ESA.

This Upper Tribunal appeal, in a nutshell, is about whether a claimant who buys and sells stolen bikes on ‘an industrial scale’ is entitled to income-related employment and support allowance (ESA). More specifically, the questions raised by the appeal are whether, for the purposes of a claim for income-related ESA, (i) the activity of buying and selling stolen bikes counts as ‘work’; and (ii) the moneys received from that activity qualify as ‘income’

Judicial Summary

Claimant involved in criminal conspiracy in buying and selling stolen bikes – whether claimant doing ‘work’ for the purposes of entitlement to Employment Support Allowance (ESA) – whether receipts from criminal activity amounted to ‘income’ for the purpose of the income-related ESA means-test – regulation 40 of the ESA Regulations 2008 considered

Published 29 May 2024

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