Leoni Fielding v Secretary of State for Work and Pensions

Facts

The appellant, Leoni Fielding, applied for universal credit on 8 March 2023, and on 17 March 2023 the Secretary of State made a decision awarding her universal credit from 17 February 2023. She began caring for her disabled brother on 9 March 2023. On 22 January 2024 her brother was awarded personal independence payment, effective from 21 March 2023. Prompted by that award, the appellant notified a change in carer details on 19 February 2024. On 17 March 2024 the Secretary of State made a superseding decision including the carer element, but with effect from 17 February 2024, treating the change as reported late. The appellant challenged that decision the same day, asking that it take effect from when she started caring; the Secretary of State refused to revise it on 16 April 2024, and, there being no right of appeal against a refusal to revise, her appeal lay against the superseding decision. The First-tier Tribunal (Judge Broadfield, Manchester, hearing on 10 March 2025) dismissed her appeal. It held that the change of circumstances requiring notification was her starting to care for her brother, and that the third and fifth conditions for extending time for notification were not satisfied. Permission to appeal was granted by the Upper Tribunal, and the Secretary of State supported the appeal.