Defective claims for universal credit and date of claim | CPAG

Defective claims for universal credit and date of claim

Date: 
11 November 2019

The claimant in CUC/968/2019 created an online universal credit account. He then clicked "Make a claim". He did not complete all of the questions the system then generated on the same day. Instead he logged out and did not complete all the questions and click "Submit claim" until a few days later.

The issue in the case is whether the claimant by creating an account and clicking "Make a claim" had made a defective claim for universal credit? If he had then arguably when he perfected the claim some days later, his date of claim was the date he had created the account and clicked make a claim. However, the First-tier Tribunal decided that he had not made a defective claim and therefore held date of claim was not until the day he clicked "Submit claim".

Permission to appeal has been granted and the Upper Tribunal has directed an oral hearing should be held on a date after 19 January 2020.