The Secretary of State for Work and Pensions v RB

Facts

The claimant is a severely disabled young woman who, through her appointee, claimed Universal Credit on 19 August 2021. Born with a chromosome disorder giving rise to multiple complex conditions including cerebral palsy, strabismus, chronic kidney disease, ectodermal dysplasia, scoliosis, Autism Spectrum Disorder, ADHD and global developmental delays, she was then 18, in receipt of Personal Independence Payment, and enrolled at a further education college on Year 1 of a Level 2 City & Guilds Animal Care Diploma, a non-advanced course. On 1 September 2021 a decision maker determined that she had limited capability for work and awarded Universal Credit, without any work capability assessment having been carried out. That award was ended with effect from 19 July 2022, and on 9 June 2023 a decision maker revised the 1 September 2021 decision on the ground of official error, holding that she had never been entitled because she was receiving education and met no exception, with the consequence that £2,941.24 had been overpaid and was recoverable. The First-tier Tribunal (Social Entitlement Chamber), sitting at Cambridge before Tribunal Judge S Rizzo, allowed her appeals against both the entitlement and overpayment decisions, holding that she fell within the exception in regulation 14(1)(b) of the Universal Credit Regulations 2013. The Secretary of State appealed with permission.