Secretary of State for Work and Pensions v NC
[2023] UKUT 124 (AAC)
Secretary of State for Work and Pensions v AH
9 November 2023
[2023] UKUT 274 (AAC)
Upper Tribunal
Someone went to jail before their first Universal Credit payment. The rules say you only get housing help if you were already getting it *before* going to prison. Because this person wasn't getting it yet, they didn't get the housing money.
Key Facts
- •Claimant applied for Universal Credit (UC) on 17 August 2021.
- •Claimant remanded in custody on 11 September 2021.
- •Secretary of State decided claimant not entitled to housing costs element of UC from 17 August 2021 due to imprisonment.
- •Claimant's imprisonment was less than six months.
- •First-tier Tribunal allowed claimant's appeal, finding him entitled to housing costs element.
- •Secretary of State appealed to the Upper Tribunal.
Legal Principles
Entitlement to Universal Credit does not arise if a person is a prisoner, unless exceptions in Regulation 19(2) apply.
Regulation 19(1)(b) and (2) of the Universal Credit Regulations 2013 (SI 2013/376)
Universal Credit is payable in respect of a complete assessment period; entitlement must subsist throughout the assessment period.
Section 7 of the Welfare Reform Act 2012 and Regulation 21(1) of the UC Regulations 2013
Regulation 19(2) requires pre-existing entitlement to UC including housing costs in the immediately preceding assessment period to apply the exception for short-term imprisonment.
Regulation 19(2)(a) of the Universal Credit Regulations 2013
Outcomes
Upper Tribunal allowed the Secretary of State's appeal.
The First-tier Tribunal erred in law by interpreting Regulation 19 in isolation from the overall UC scheme. The claimant did not meet the conditions of Regulation 19(2) because entitlement to UC, including housing costs, did not subsist in the preceding assessment period.
First-tier Tribunal's decision set aside.
Error of law in interpreting Regulation 19 and the concept of entitlement.
Claimant's appeal refused.
Claimant not entitled to housing costs element of UC during imprisonment because he did not meet the requirements of Regulation 19(2).