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Social Security Tribunals

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Prohibition of Discrimination: Article 14

PR v Secretary of State for Work and Pensions (UC) [2023] UKUT 290 (AAC)

While they underpin our legislation, it is unusual for Human Rights to be cited in appeals. It is even more unusual for such appeals to be successful.

In this case the appellant argued their rights under Article 14 had been breached. Upper Tribunal Judge Wright more than agreed, citing Section 6: (Acts of Public Authorities) when saying:


 "Indeed, section 6 of the Human Rights Act 1998 placed an additional obligation on the tribunal to deal properly with this argument."


In allowing the appeal he did not remit the case to be heard again by a FTT but made the decision that ought to have been made in the first place.

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