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The issue that arises on this appeal to the Upper Tribunal
The issue that arises on this appeal to the Upper Tribunal
The issue that arises on this appeal by the Secretary of State may be framed in the following terms:
Where an individual applies for Universal Credit (UC), but before the end of their first assessment period (AP) becomes a prisoner (in circumstances where they have not been sentenced to a term in custody that is expected to extend beyond six months), are they entitled to UC?
The Secretary of State’s position is that an individual in such circumstances is not entitled to UC (and in particular the housing costs element).
In short, I agree. It follows I must allow the Secretary of State’s appeal against the decision of the First-tier Tribunal, which had (wrongly) decided that a claimant in such a case was entitled to UC.
- Heading
- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 3 August 2022 under number SC285/22/00888 was made in error of law. Unde
- The issue that arises on this appeal to the Upper Tribunal
- Some preliminaries
- The chronology of this case
- Regulation 19 of the Universal Credit Regulations 2013
- The decisions by the Secretary of State’s decision-maker
- The decision of the First-tier Tribunal
- Analysis
- Disposal
- Conclusions