GEA v The Secretary of State for Work and Pensions (UC): [2026] UKUT 312 (AAC)

Upper Tribunal Administrative Appeals Chamber · 2026-08-07 · UK · verified record

Themes: Artificial intelligence · Data protection

Ecosystems: UK ICO — Automated Decisions

GEA v The Secretary of State for Work and Pensions (UC): [2026] UKUT 312 (AAC) Upper Tribunal Administrative Appeals Chamber decision of Judge Butler on 07 August 2026. Read the full decision in .Judicial Summary GEA appealed against DWP’s decision to include the LCWRA element in her universal credit (“UC”) award from 03 September 2021. The First-tier Tribunal decided: (1) GEA had provided medical evidence on 03 June 2021 in connection with her request to be assessed in terms of her capability for work. Applying the three-month relevant period to her under regulation 28(2)(b) of the Universal Credit Regulations 2013 (“the 2013 Regulations”), she was entitled to the LCWRA element in her award from 03 September 2021; (2) However, applying regulation 41(2) and (3) of the 2013 Regulations, GEA’s earnings exceeded the relevant threshold for the assessment period from 03 November 2021 to 02 December 2021, and she did not satisfy any of the exceptions in regulation 41(2)(a) and (b). She was therefore not entitled to the LCWRA element during that assessment period; and (3) As a result, the FTT must apply a second three-month relevant period under regulation 28(2)(b) from 03 December 2021 onwards. GEA was therefore not entitled to the LCWRA element again until 03 March 2022. The Upper Tribunal decided that the First-tier Tribunal (“FTT”) made a material error of law in concluding that GEA’s earnings exceeded the relevant threshold in regulation 41(3) of the 2013 Regulations. The FTT should have calculated GEA’s monthly earnings using the averaging provisions in regulation 90(6)(b)(ii), because her earnings fluctuated and had no identifiable cycle.…