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Introduction
Introduction
This appeal is about the proper legal test for determining whether a “person normally lives in the accommodation with the renter” (and so counts as a non-dependent) under the Universal Credit scheme.
The particular context of this case concerns a young person whose parent claims the housing costs element of Universal Credit. What happens when the young person goes away to university (or a similar institution), returning to the family home from time to time, e.g. during vacations?
- Heading
- The decision of the Upper Tribunal is to allow both appeals. The decisions of the First-tier Tribunal made on 3 May 2023 under file number SC246/22/01293 and on 29 August 2023 under file number SC246/
- Introduction
- Why this is important
- The context of the present appeal
- The DWP’s decisions in this case
- The First-tier Tribunal’s decision on the entitlement appeal
- The First-tier Tribunal’s decision on the overpayment appeal
- The Appellant’s appeal to the Upper Tribunal
- The legislation governing non-dependants in the Universal Credit scheme
- The relevant case law on the meaning of “non-dependant”
- Discussion
- Disposal
- Postscript: the DWP’s own guidance
- Conclusions