Universal credit

Judgment of the Upper Tribunal three judge panel dismissing the Secretary of State’s appeal against the decision of the First-tier Tribunal was given on 12 December 2022. The Secretary of State appealed to the Court of Appeal The case was heard in the Court of Appeal from 8 - 10 March 2023. A further hearing took place on 10 October 2023. The judgment of the Court of Appeal is due to be handed down on 8 November 2023.

The Upper Tribunal judgment in this case holds that a claimant who does not ask for backdating when they initially make their claim of universal credit ("UC") and does not amend their claim before it is decided, can nonetheless obtain backdating by later requesting a revision of the decision which only awarded UC from the day on which the claim was submitted. There is therefore no need for a claimant to have made a request for backdating at the claim stage in order for it to be considered. SSWP appealed to the Court of Appeal and the appeal was heard on 7 November 2023. The judgment of the Court of Appeal is awaited.

Factsheet explaining when a parent, or someone responsible for a child, can continue to claim benefit for a child aged 16 or over.