Joshua Yetman appears unled in the Court of Appeal for the Appellant in Allen v Secretary of State for Work and Pensions [2026] EWCA Civ 19

7BR’s Joshua Yetman appeared unled for the Appellant in Allen v Secretary of State for Work and Pensions [2026] EWCA Civ 19, a Court of Appeal decision addressing Employment and Support Allowance. This is an income-related disability benefit paid to those unable to work.

The appeal raised the previously undecided question as to whether or not “work” and “income” under the Employment and Support Allowance Regulations 2008 are inclusive of criminal activity and money arising out of that activity. The First-Tier Tribunal found that the Appellant’s offending was excluded from these definitions, which meant he remained entitled to the benefit. This was premised upon the fact that his disability and addictions rendered him incapable of performing legal work. But the Upper Tribunal overturned that decision which has now been upheld by the Court of Appeal. The Court determined that Parliament could not have intended to differentiate between legal and illegal work and income. This means that a person committing criminal acts can be deemed capable of work despite the illegality and so they will not be entitled to Employment and Support Allowance.

Joshua was instructed by William Ford, Partner at Osbornes Law.

You can read the judgment here.

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