Administrative / Public Law · Upper Tribunal (Administrative Appeals Chamber)
GB v The Secretary of State for Work and Pensions
Checked against the judgment on 11 August 2026 · how we verify
Facts
The appellant, GB, claimed universal credit. He accepted that he had limited capability for work but maintained that he also had limited capability for work-related activity, a position the Secretary of State for Work and Pensions did not accept. GB has diagnoses of anxiety, ASD and ADHD and suffers considerable mental distress. By a decision of 28 March 2024 the Secretary of State determined that he had limited capability for work but not for work-related activity, and that decision was maintained on mandatory reconsideration on 16 May 2024, the reconsideration letter identifying the most demanding work-related activity he would be expected to carry out as home-based research into a career path, skills requirements and local employment opportunities to discuss with his work coach. GB had earlier asked his job coach whether the Restart scheme remained mandatory for him and was told on 10 April 2024 that it was. The First-tier Tribunal (Social Entitlement Chamber) sitting at Derby Justice Centre heard his appeal on 6 January 2025 and dismissed it, holding that there would be no substantial risk to his health from the most demanding activities identified, while accepting his evidence about his difficulties attending the Job Centre and Restart. Permission to appeal was granted by UTJ Brewer on 5 November 2025, and the Secretary of State supported the appeal.
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