[2023] UKUT 274 (AAC)

On 20 September 2021 the Secretary of State’s decision-maker issued an outcome decision, baldly asserting that “Entitlement to UC does not arise where a person is a prisoner” and citing regulation 19(1) of the UC Regulations 2013 (but making no mention of regulation 19(2), which disapplies regulation 19(1) in certain cases). The claimant’s imprisonment was treated as a change of circumstances and deemed to have taken place on the first day of his (first) assessment period.

On reconsideration on 5 May 2022 another decision-maker confusingly issued two contradictory decisions. The first recorded that the claimant was entitled to the housing costs element of UC as from 17 August 2021 because he was in prison for less than six months (relying on regulation 19(2)(b)). The second decision, effectively countermanding the first, ruled that the claimant was not so entitled. The following explanation was given in the second mandatory reconsideration notice for this about-turn (emphasis as in the original):

It appears the reference to “guidance” was a reference to internal guidance only available on the DWP Intranet. What matters, of course, is what the law actually says.