Universal credit: Case law
In this section you will find the main universal credit case law.
- KL by MR v Secretary of State for Work and Pensions (UC) [2024] UKUT 392 (AAC) | UA-2023-000701-USTA - Student’s universal credit claim, which would have been successful under regulation 14 exception but for the DWP’s delay in completing a work capability assessment, was correctly refused by tribunal
- GA v Secretary of State for Work & Pensions (UC) [2024] UKUT 380 (AAC) | UA-2024-000557-USTA - Refusal of universal credit unlawfully discriminated against claimant with pre-settled status who was unable to claim a 'Destitution Domestic Violence Concession' in 2022
- Secretary of State for Work and Pensions v Versnick and Another | [2024] EWCA Civ 1454 - Court of Appeal holds that claimant could rely on social assistance benefits paid to his partner in order to demonstrate self-sufficiency where his presence did not increase entitlement
- CK v Secretary of State for Work & Pensions | [2024] UKUT 331 (AAC) | UA-2024-000269-USTA - Need for there to be a causal relationship between the circumstances on which a request for universal credit backdating is based and subsequent delay in making the claim, and for the delay to have been reasonable
- PHC v Secretary of State for Work & Pensions | [2024] UKUT 340 (AAC) | UA-2023-000802-USTA - Claim may be disallowed if identification is not authenticated according sections 1(1A) and 1(1B) of the Social Security Administration Act 1992
- SO v Secretary of State for Work & Pensions | [2024] UKUT 305 (AAC) | UA-2022-001601-USTA - Student’s unearned income for purposes of universal credit assessed as if maximum available student loan had not been reduced on account of Welsh Government maintenance grant
- CD v Secretary of State for Work and Pensions | [2024] UKUT 256 (AAC) | UA-2023-000776-UHC - Regulations providing that only one of two separated parents may receive a housings costs element that takes into account a child for whom they have shared care are not discriminatory
- Secretary of State for Work and Pensions v VB and another | [2024] UKUT 212 (AAC) | UA-2021-000531-USTA - Claimant had right to reside on basis of having taken sufficient steps towards setting up business to be considered self-employed or, alternatively, on basis of 'Brey' analysis of self-sufficiency
- DJ v Department for Communities | [2024] NICom21 | C4/24-25(UC) - Northern Ireland Commissioner rules that appeal tribunal proceedings that determined a WCA appeal in the absence of the claimant and without the UC50 questionnaire was procedurally unfair
- RA v Secretary of State for Work and Pensions | [2024] UKUT 207 (AAC) | UA-2023-000333-USTA - Universal credit claimant’s failure to re-verify his identity did not give rise to overpayment from start of claim
- MR v Secretary of State for Work and Pensions | [2024] UKUT 199 (AAC) | UA-2024-000145-ULCW - Tribunal erred in law by failing to adjourn paper hearing in order to allow the claimant an opportunity to respond to its concerns about his credibility
- DR v Secretary of State for Work and Pensions (UC) | [2024] UKUT 196 (AAC) | UA-2023-000712-USTA - Compensation for injury to feelings in settlement of an employment tribunal claim is not 'compensation for personal injury' that can be disregarded as capital in the calculation of universal credit
- Secretary of State for Work and Pensions v PC (UC) | [2024] UKUT 186 (AAC) | UA-2022-00316-USTA - EU national did not retain worker status for reasons including 'undue delay' of three months before making universal credit claim
- AM v Secretary of State for Work and Pensions (UC) | [2024] UKUT 137 (AAC) | UA-2023-001439-USTA - Tribunal’s failure to apply temporary absence from GB disregard to claimant caught by Covid-19 travel restrictions amounted to error of law
- CU v Secretary of State for Work and Pensions (UC) | [2024] UKUT 32 (AAC) | UA-2023-1084-USTA - Tribunal considering claim for universal credit backdating from claimant with disability failed to consider whether hypothetical person in his circumstances could reasonably have been expected to make claim earlier
- Secretary of State for Work and Pensions v JA | [2024] UKUT 52 (AAC) | UA-2022-001286-UOTH - Erosion of universal credit transitional protection when claimant moved on from specified accommodation breached her human rights
- FL v Secretary of State for Work and Pensions (UC) | [2024] UKUT 6 (AAC) | UA-2021-001442-UOTH - Failure to provide claimant with transitional protection for loss of enhanced disability premium following natural migration to universal credit was unlawful and DWP must redecide entitlement on a lawful basis
- GS v Scretary of State for Work and Pensions | [2024] UKUT 4 (AAC) | UA-2022-001714-ULCW - Tribunal’s failure to mention evidence taken during hearing in its statement of reasons for decision, and later reliance on that evidence when refusing permission to appeal, amounted to error of law
- Secretary of State for Work and Pensions v PL (UC) | [2023] UKUT 288 (AAC) | UA-2022-001685-UOTH - First-tier Tribunal erred in law by directing Secretary of State to treat a claim for universal credit as a claim for income-related employment and support allowance
- PR v Secretary of State for Work and Pensions (UC) | [2023] UKUT 290 (AAC) | UA-2022-000330-ULCW - Three-month wait for universal credit LCWRA element should not be applied to older member of mixed-age couple whose ESA ended on reaching pension age
- Secretary of State for Work and Pensions v SV | [2023] UKUT 279 (AAC) | UA-2023-000362-USTA - Evidence that comes to light later, but relates to the time a decision was made, can be used to establish whether a decision was made based on a mistake as to a material fact
- Secretary of State for Work and Pensions v AH (UC) | [2023] UKUT 274 (AAC) | UA-2023-000283-UHCA - Claimant who was imprisoned on remand before end of first assessment period was not entitled to universal credit
- Secretary of State for Work and Pensions v AD (UC) | [2023] UKUT 272 (AAC) | UA-2023-000542-USTA & UA-2023-000543-USTA - Income from student maintenance loan that was used to pay tuition fees did not reduce the amount to be taken into account in the calculation of income for universal credit
- SS v Department for Communities (UC) | [2023] NICom 31 - Northern Ireland Social Security Commissioners consider whether a third country national granted entry clearance under the EU Family Permit route to join their partner in Northern Ireland could establish a right to reside for universal credit purposes
- UA-2022-000261-UHC - Meaning of ‘care’ and whether it must be required in order to establish entitlement to an additional bedroom for an overnight carer
- UA-2022-000858-UOTH - Universal credit is not payable for a third child conceived in a stable relationship even where the two older siblings were conceived in an abusive relationship
- UA-2021-001684-USTA - Claimant can rely on social assistance benefits paid to a partner in order to demonstrate self-sufficiency where their presence did not increase entitlement
- UA-2021-000044-UOTH - Universal credit earned income assessment rules are not irrational or unlawful in the case of a claimant who is paid on a fortnightly basis
- UA-2021-000043-UOTH - Tribunal was entitled to decide that universal credit computer system was not ‘inoperative’ at beginning of Covid-19 pandemic and so did not prevent claimant from making a claim
- UA-2022-000030-UC - Legal effect of Court of Appeal’s declaration in Johnson that universal credit earnings assessment rules were irrational and unlawful can apply to periods before the Court’s decision
- UA-2021-001957-UCH - Universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004
- UA-2021-0002228-UOTH - Tax refund received through PAYE counts as earned income for universal credit / claimant is ‘in paid work’ where contract of employment continues through unpaid sick leave
- UA-2022-001067-USTA - Before refusing universal credit on a right to reside ground to a claimant with pre-settled status, Secretary of State must be satisfied that refusal would not prevent them living in dignity
- UA-2022-000123-USTA - When considering a backdating request for universal credit, tribunal should consider whether original claim included an ‘implied claim’ for a past period
- UA-2021-00695-UOTH - First-tier Tribunal’s failure to recognise it had discretion to admit an appeal outside the 13-month absolute time limit in exceptional circumstances amounted to error of law
- C2/21-22(UC) - Earnings received in an assessment period are to be taken into account when assessing universal credit for that period even where they relate to an earlier period and were paid late
- UA-2022-000041-USTA - A panel of three judges holds that universal credit claimants have the right to seek backdating of their claim after the decision to award benefit has been made.
- UA-2021-000580-JR & UA 2022-000464-JR - Upper Tribunal holds that the DWP is entitled to withhold payment of universal credit until a national insurance number has been allocated.
- C1/22-23(UC) - Northern Ireland Social Security Commissioner rules that the DWP did not have jurisdiction to make decision on claim for universal credit made by a claimant who lived in Northern Ireland.
- UA-20201001444-ULCW - Old style ESA claimant who claimed universal credit six months after ESA ended was entitled to receive LCWRA element immediately on account of previous determination of LCWRA and national insurance credits entitlement.
- UA-2021-001182-UC - Guidance to representatives, tribunals and the DWP on the approach to obtaining information from an abusive partner to support a claim from the person fleeing abuse when a non-molestation injunction is in place.
- UA-2020-000306-USTA - Whether definition of ‘full-time course of education’ in universal credit refers to actual number of hours of study rather than classification by the particular educational institution.
- CUC/1792/2020 - Evidence needed to decide whether a person has failed to accept a claimant commitment
- CUC/1019/2020 - Tribunal was correct to decide that an Irish widow’s pension should be counted as the claimant’s unearned income to be deducted from any calculation of universal credit.
- C3/21-22(UC) - Northern Ireland Social Security Commissioner rules that a tribunal was correct to treat pay in lieu of notice as employed earnings for universal credit purposes rather than as a termination of employment payment that could be excluded from the calculation.
- CSUC/280/2020 - Tribunal correct to take two lots of four-weekly paid wages into account in one universal credit assessment period / Johnson and Pantellerisco did not apply.
- CUC/761/2019 - Treatment of late paid earnings in calculation of universal credit when real time information reported on time / return of deposit paid by employee on uniform is not earnings.
- CUC/467/2021 - Consideration of ‘substantial risk’ arising from claimant being found fit for work includes travel to and from jobcentre and job interviews, as well as to and from work.
- CUC/563/2020 - Sanction decision overturned on account of ambiguity in the notification of the requirement to take part in a telephone interview and the claimant having good reason for failure to attend.
- CUC/148/2020 - Consideration of what amounts to 'late notification of expiry of entitlement' for universal credit backdating purposes, where claimant advised he could no longer claim housing benefit after moving to new local authority area.
- CUC/1773/2018 - Capital from a former home can be disregarded if it is 'more likely than not' that it will be used for a new home.
- CUC/2777/2019 - ESA case law relating to requirement for DWP to provide tribunals with evidence of work-related activity available in area where claimant lives applies equally to universal credit.
- CUC/1617/2019 - Whether income support including a disability premium is ‘paid on grounds of incapacity for work or disability’ / whether income support is extinguished or suspended where claimant is imprisoned.
- CUC/1389/2019 - Considers a UC claim made online that was ‘closed' for non-attendance for interview to discuss self-employment and the claimant’s subsequent appeal without having obtained a mandatory reconsideration (that the First-tier Tribunal refused to admit).
- CUC/968/2019 - Whether a defective claim for UC is made at point where claimant starts but does not complete process of entering information on online claim form, for the purposes of establishing a date of claim.
- CSUC/55/2019 - Claimant with permanent right to reside is 'in GB' for the purposes of basic entitlement condition even when not falling within any of the situations in regulation 9(4) of the UC Regulations 2013.
- CUC/2274/2018 - Claimant's view that it would be pointless to apply for a vacancy does not amount to a good reason for failing to apply for a vacancy as directed by the Secretary of State.
- CUC/1276/2018 - A tax credits case that considers the transition from tax credits to UC and whether the decision to end a CTC claim by HMRC (following a stop notice from DWP) is correct when a claimant had made a claim for UC by mistake and never received an award.
- CUC/1067/2018 - The judge makes two points. First, without deciding the issue, it is inherent in the nature of a notification that can lead to a sanction for failure to comply that it does not take effect unless and until it is received. Second, he decides that the notion of good reason does not allow a person who was not aware of a letter of notification to be made subject to a sanction
- CUC/50/2018 and CUC/51/2018 - The decision contains a comparison of the grounds for recovery of an overpayment in social security benefits generally and UC.
- CUC/1974/2017 - Failure by a First-tier Tribunal to exercise its enabling and inquisitorial jurisdiction amounts to an error of law
- CUC/1808/2017 - Consideration must be given as to whether the 35 hour work search requirement should be reduced or lifted
- CUC/533/2017 - Whether claimant responsible for child - child staying with godparent near college but also staying alternate weekends with father. Whether "normally living with" means living with the claimant for longer than with any other person - CFC/1537/1995 considered - whether test for family credit legislation also applies to Universal Credit Regulations - where child normally lives with different adults in two different places, the main responsibility test must be applied
- CUC/166/2017 - Secretary of State concedes that where an employer fails to notify earnings on time, a universal credit award may be adjusted to make appropriate amendments
- CUC/2924/2016 - A lacuna in right to reside law must be found in EU law and not in domestic benefit law / A mistake to focus exclusively on EU law, whether to identify whether the law as a whole is deficient or to find a solution to the perceived problem
- CUC/2385/2016 - Whether a room needs to be able to accommodate a separate bedside table and clothes storage to be classed as a bedroom
- CUC/2058/2016 - Whether official computer system inoperative
- CUC/1653/2016 - ‘Good cause’ case law applies to consideration of ‘good reason’ / ignorance of law is capable of founding ‘good reason’ for failure to carry out work-related requirement
- CUC/2888/2015 – This case explores whether earnings which are for work done before the assessment period but received in the ‘assessment period’ are to be taken into account as earned income
Judgments of the higher courts
- Michaela Simkova v Secretary of State for Work and Pensions [2024] EWCA Civ 419 - Court of Appeal rules that universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004
- Secretary of State for Work and Pensions v AM [2024] EWCA Civ 186 - Court of Appeal rules that there is no requirement for a universal credit claimant to request backdating before their claim is determined
- SSWP v AT (AIRE Centre and IMA intervening) [2023] EWCA Civ 1307 - Court of Appeal rules that DWP must carry out individualised assessments of whether refusal to award universal credit to claimants with pre-settled status would breach their right to live in dignity
- Bui, R (On the Application Of) v SSWP [2023] EWCA Civ 566 - Secretary of State for Work and Pensions’ practice of excluding claimants awaiting verification of national insurance number applications from advance payments of universal credit is unlawful
- K, R (On the Application Of) v Secretary of State for Work And Pensions [2023] EWHC 233 (Admin) - High Court rules that DWP decision not to waive recovery of universal credit overpayment caused by official error was unlawful
- Kays, R (On the Application Of) v SSWP [2022] EWCA Civ 1593 - Court of Appeal dismisses challenge to universal credit disabled student rules
- RK, Re Application for Judicial Review [2022] NIQB 29 (25 April 2022) - High Court of Northern Ireland rules that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful
- Pantellerisco & Ors v Secretary of State for Work and Pensions [2021] EWCA Civ 1454 (8 October 2021) - Court of Appeal rules that universal credit benefit cap earnings assessment is not irrational and unlawful in the case of a four-weekly paid claimant
- Moore & Anor v Secretary of State for Work and Pensions [2021] EWCA Civ 970 (23 June 2021) - Court of Appeal refuses permission to appeal against High Court decision that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful
- Blundell & Ors, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 608 (Admin) (17 March 2022) - High Court rules that DWP’s universal credit deductions policy’s use of a rigid formula in respect of court fines rather than the exercise of discretion as the legislation requires is unlawful
- Fratila v Secretary of State for Work and Pensions [2020] EWCA 1741 (18 December 2020) - Court of Appeal rules that the government acted unlawfully in barring EU citizens from relying on ‘pre-settled status’ to access universal credit
- Moore & Anor, R (On the Application Of) v Secretary of State for Work and Pensions [2020] EWHC 2827 (Admin) (26 October 2020) - High Court rules that treatment of maternity allowance as unearned income for the purposes of universal credit is not unlawful
- Caine, R (On the Application Of) v Department For Work And Pensions [2020] EWHC 2482 (Admin( (23 September 2020) - High Court rules that the formulae for converting weekly rents to a monthly value for the purposes of calculating universal credit entitlement are neither irrational nor unlawful
- Pantellerisco and Ors (R on the application of) v Secretary of State for Work and Pensions [2020] EWHC 1944 (Admin) (20 July 2020) - High Court rules that universal credit benefit cap earnings assessment is irrational and unlawful in case of a four-weekly paid claimant
- Secretary of State for Work And Pensions v Johnson & Ors [2020] EWCA Civ 778 (22 June 2020) - Court of Appeal rules that Work and Pensions Secretary acted irrationally and unlawfully by failing to adapt earned income assessment rules to account for impact on certain universal credit claimants >> More universal credit case law
- TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWCA Civ 618 (12 May 2020), - Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful
- AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions [2020] EWCA Civ 37 (29 January 2020) - Court of Appeal upholds High Court judgments that failure to protect income of severely disabled claimants migrating to universal credit is unlawful
- TD & Ors v The Secretary of State for Work and Pensions [2019] EWHC 462 (Admin) (1 March 2019) - High Court rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was not unlawful
- R (on the application of Johnson and others) v Secretary of State For Work and Pensions [2019] EWHC 23 (Admin) (11 January 2019) - High Court rules that DWP’s method of assessing earned income under universal credit is unlawful
- TP and AR, R (On the Application Of) v Secretary of State for Work and Pensions [2018] EWHC 1474 (Admin) (14 June 2018) - High Court rules that government's failure to protect benefit rates for severely disabled people migrating to universal credit is unlawful
- SC & Ors v Secretary of State for Work and Pensions & Ors [2018] EWHC 864 (Admin) (20 April 2018) - High Court rules that the two child limit is compatible with the ECHR, but allows claim in relation to the lawfulness of the kinship care exception
Last reviewed/updated 7 November 2024