Allen (appellant) v The Secretary of State for Work and Pensions (respondent)
Thursday 18 December 2025
By Appellant’s Notice submitted on 30 October 2024, the claimant below, appeals the decision of the Upper Tribunal (Administrative Appeals Chamber) dated 8 May 2024 allowing the Secretary of State for Work and Pensions appeal against the First-tier Tribunal’s (FtT) decision dated 3 May 2022 and remitting the appeals to the FtT for reconsideration at an oral hearing.
The issue is whether or not a person engaged in criminal activity i) is doing “work” for the purposes of Regulation 40(1) of the Employment and Support Allowance Regulations 2008; and ii) whether money arising out of that activity can be treated as income under the ESA Regulations.
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