DK v Secretary of State for Work and Pensions

Social security law – Income support – Entitlement – Whether couple living together as husband and wife. Court of Session: Refusing an appeal against a decision of the Upper Tribunal (UT) in a case which concerned the appellant's entitlement to income support and in which the critical question was whether, for the purposes of Pt VII of the Social Security Contributions and Benefits Act 1992, the appellant and a man, GO, had been living together as husband and wife from July 1999 to July 2012, the appellant contending that as she and GO did not have a sexual relationship and he was homosexual that precluded any finding that they were living together as husband and wife, the court held that the First‑tier Tribunal (FTT) was entitled to conclude, on the basis of the whole of the evidence, that the appellant and GO were living together as a couple and it followed that the UT was correct in deciding that the FTT's decision did not involve any error of law.

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