Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> MH v Secretary of State for Work and Pensions (ESA) (Employment and support allowance) [2021] UKUT 90 (AAC) (15 April 2021)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2021/90.html
Cite as: [2021] UKUT 90 (AAC)

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MH v Secretary of State for Work and Pensions (ESA) [2021] UKUT 90 (AAC) (15 April 2021)

Claimant for employment and support allowance found to have limited capability for work but not limited capability for work-related activity - Claimant appealed to tribunal saying he should be in support group because of inappropriate behaviour - No points awarded for inappropriate behaviour - DWP appeals officer provided tribunal office with Unacceptable Customer Behaviour (UCB) report of incident involving claimant on visit to JobCentre - UCB report not disclosed to claimant but relied upon by tribunal in reaching its decision that he was not entitled to support group rate - Whether tribunal erred in law as to (i) application of regulation 35 and (ii) reliance on evidence that had not been disclosed to the claimant.

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