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The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 21 October 2020 under file number SC142/19/01658 was made in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and re-make the decision of the First-tier Tribunal as follows:
The Secretary of State's decision of 25 October 2019 is set aside as being unlawfully discriminatory. The case is on all fours with TP (No.3).
It will now be for the Secretary of State to redecide on a lawful basis the claimant's entitlement to universal credit for the period from 13 July 2018.
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