[2023] UKUT 288 (AAC)

The claimant was entitled to income-related employment and support allowance (IRESA) from 25 October 2013 to 11 September 2019. He was disabled by a severe brain injury and lived alone, so that award of IRESA included the Severe Disability Premium (SDP). On 19 September 2019 the claimant’s award of IRESA was ended with effect from 12 September 2019. This was because the claimant had been remanded in custody by the Crown Court.

The claimant was also entitled to housing benefit, again including the SDP, for the period from 25 April 2016 through to 23 December 2019.

The claimant was also entitled to Personal Independence Payment (PIP), but PIP was not paid for the period from 22 October 2019 to 8 December 2019.

Meanwhile, on 10 December 2019, and having just been released from custody, the claimant made a claim for Universal Credit (UC).

On 10 May 2020 the DWP decided that the claimant was entitled to UC in the sum of £1,126.12 per assessment period before any adjustments, comprising a standard allowance of £409.89, housing costs element of £374.31 and a LCWRA element of £341.92.

The claimant sought a mandatory reconsideration of the decision of 10 May 2020 in the following terms:

“I want to dispute the award amount of UC that was given to me when I was transferred to it from ESA when there was no change in my circumstances yet I was awarded £15 less a week, which is causing me financial hardship. I used to get SDP and I don’t seem to be getting that either and think I should. I would like this to be looked into as part of the mandatory reconsideration and I think this should all be backdated to when I was transferred from ESA.”

On 23 November 2020 the DWP issued a mandatory reconsideration notice, stating that the matter had been reconsidered but the decision had not been changed. The claimant then lodged an appeal with the First-tier Tribunal (FTT).