Kays (claimant/appellant) v The Secretary of State for Work and Pensions (defendant/respondent)
Wednesday 23 (pm only) – Thursday 24 November 2022
By the Appellant’s Notice filed on 21 February 2022, the appellant (claimant below) appeals the decision of Swift J dated 28 January 2022, to dismiss the claim for judicial review.
Background: – The applicant, who has physical and mental disabilities, challenged the Secretary of State for Work and Pensions’ decision of 13 November 2020 to refuse his claim for Universal Credit on the basis that he was in full time education. The applicant contended that the decision was the result of an unlawful amendment made to regulation 14 of the Universal Credit Regulations 2013 by the Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2020.
The claim was dismissed on all grounds by Swift J in a judgment handed down on 28 January.
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