Universal credit: Who is currently eligible to make a claim for Universal Credit?
Universal Credit (UC) has conditions that must be met in order to establish entitlement. We explain these in our entitlement to UC section.
However, before considering the entitlement conditions of the benefit, this page considers who is eligible to submit a claim.
- Who cannot submit a claim for UC?
- Who can submit a claim for UC?
- Those who have reached state pension credit age
From 30 March 2022, the remaining restrictions on claiming UC are removed. From that date, frontier workers, who had so far been unable to claim UC, are permitted to claim UC. Consequently, from 30 March 2022, frontier workers are no longer permitted to make a new claim for tax credits (unless they already claim tax credits and are renewing or they are adding WTC to their existing CTC claim – and vice versa)
This means that there are no longer any restrictions on who can make a claim for UC. However anyone in receipt of existing legacy benefits, including tax credits, should get advice before making a claim for UC as their legacy benefits will end even if they are not entitled to UC.
In addition, certain mixed age couples are able to claim pension credit instead of UC. There is nothing stopping them claiming UC as far as we are aware, but pension credit may provide them with a higher amount of financial support. We explain more about this on our pensioners page. This is a complex area and specialist welfare rights advice should be taken before any claims are made.
For information purposes, we have included information below on the different groups who were excluded from claiming UC at various points:
On 1 February 2019, rules were introduced which mean that 'frontier workers' were not permitted to claim UC and if they wish to claim support from the UK were expected to claim tax credits and/or other legacy benefits that UC is replacing instead.
In summary, frontier workers are people who are 'in Great Britain' (under Section 4(1)(c) Welfare Reform Act 2012) or 'in Northern Ireland' (under Article 9(1)(c) of Welfare Reform (Northern Ireland) Order 2015) but do no reside in either GB or NI. Crown servants or members of HM Forces who are posted overseas (as defined under the UC Regulations 2013) are not frontier workers.
This restriction on claiming UC is removed from 30 March 2022.
Those with three or more children
Up to and including 31 January 2019, claimants who were responsible for three or more children were not able to make a claim for UC unless they:
- Had claimed UC in the previous 6 months and were able to make a re-claim for UC; or
- were a single person and were claiming UC with someone else as part of a couple and that claim ended in the last month.
From 1 February 2019, this rule no longer applies and claimants with more than 2 children are able to claim UC and are no longer permitted to make a new claim for tax credits (or other legacy benefits) unless an exception applies.
Those entitled to severe disability premium with another benefit
This exception was introduced from 16 January 2019 and revoked with effect from 27 January 2021 and is often referred to as the ‘SDP Gateway’.
Between 16 January 2019 and 27 January 2021, it covered someone who
- was, or had been within the past month, entitled to an award of an existing benefit that included a severe disability premium; (in a case where the award ended during that month, had continued to satisfy the conditions for eligibility for a severe disability premium) and
- had not received a notification from DWP to make a UC claim by a certain date (a 'notified person' under the managed migration regulations).
The rule was introduced following Judicial Review proceedings on behalf of two claimants who were in receipt of the severe disability premium in IRESA and had to apply for UC when they moved to new local authority areas. The purpose of the rule was to prevent individuals in receipt of a severe disability premium (in income-based jobseeker's allowance, income support, income-related employment and support allowance or housing benefit) from moving to UC before transitional protection is in place. From 27 January 2021, a transitional SDP element is introduced in UC which provides that transitional protection.
Since December 2018, UC has been fully available in all areas of the UK, this means that the majority of people have been able to submit a claim for UC (although that does not mean they will be entitled to UC) and, from 30 March 2022, the final restriction preventing frontier workers from claiming UC is removed and they too can claim UC.
Those who have reached state pension credit qualifying age (see the GOV.UK website for a tool to check when that age will be reached) are not entitled to UC under the basic conditions of the benefit, although they are free to make a claim. This rule does not apply to 'mixed age' couples where one person is above state pension qualifying age and one is below that age - the UC entitlement conditions allow entitlement in such cases.
From 15 May 2019, most mixed age couples are only able to claim UC and are no longer able to claim pension credit. Until that date, mixed age couples could choose whether to claim UC or pension credit. There are some exceptions to this rule which mean that some mixed age couples can still make a claim for pension credit– see our pensioners page for more information. They are not technically prevented from claiming UC but they may be financially better off claiming pension credit instead.
From 1 February 2019, those who have reached state pension credit qualifying age can no longer make a new claim for tax credits.
We explain more about the rules for those who have reached state pension age in our 'pensioner' section.
Last reviewed/updated 23 May 2022