Caselaw summaries

Universal credit – temporary absence – when no longer temporary or has exceeded the time allowed – entitlement not lost retrospectively from beginning of absence

Tribunals – jurisdiction – claimant requested a mandatory reconsideration (MR) of a UC decision regarding his housing costs – DWP responded by saying an ‘MR was not necessary due to a policy issue’, subsequently also said the decision was a necessary result of the legislation and suggested the claimant sought a discretionary housing payment

Universal credit (UC) – closed period supersessions – not possible in advance or on basis of anticipated change of circumstances

Universal credit – income – tribunal erred in treating claimant’s withdrawals from his self-invested personal pension as income

Universal credit (UC) – absence abroad – where need for medical treatment arose while abroad – no breach of human rights

Universal credit (UC) – two-child limit – exception regarding non-consensual conceptions – restriction to third or subsequent children not unlawful

Universal credit (UC) – right to reside – freedom of movement right to reside as a family member after dependency ended – where family member was residing outside the UK at the end of the transition period

Universal credit (UC) - ‘substantial risk’ – limited capability for work-related activity

Universal credit (UC) – work capability assessment – activity 8 (‘navigation and maintaining safety’)

Universal credit (UC) - transitional SDP element – ‘erosion’ – on carer becoming entitled to LCWRA element