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Upper Tribunal rejects social security appeal in relation to change of circumstances and Article 14 of the ECHR

13/05/26

The Upper Tribunal has recently handed down judgment in WML v SSWP [2026] UKUT 178 (AAC), an appeal concerning a claim for Income Support (“IS”) and Severe Disability Premium (“SDP”). The appellant argued that, on a proper construction of the relevant provisions of the Social Security Act 1998 and the Social Security and Child Support (Decisions and Appeals) Regulations 1999, she was entitled to SDP backdated to the point at which her son became in receipt of a relevant benefit.

In a 75-page judgment the Upper Tribunal has dismissed the appeal. It held that – on a proper construction of the relevant provisions – the appellant’s case fell within regulation 6(2)(a) (relevant change of circumstances) and not 6(2)(e) (claimant subsequently became in receipt of a relevant benefit). The judgment offers a useful, detailed and systematic review of the statutory regime.

The Upper Tribunal also dismissed the appellant’s second ground under the ECHR. It found that regulations 6 and 7 fell within the ambit of Article 1 of the First Protocol (“A1P1”) but the appellant did not enjoy an “other status”: the status argued for was merely a description of the effect of the statutory rule. Further, and in any event, any such difference was justified.

The Judgment can be found here.

Tim Johnston appeared for the Secretary of State in the Upper Tribunal, instructed by the Secretary of State for Work and Pensions and the Government Legal Department.

All members of Brick Court Chambers are self employed barristers. Any views expressed are those of the individual barristers and not of Brick Court Chambers as a whole.