KL by MR v Secretary of State for Work and Pensions: [2024] UKUT 392 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 2 December 2024
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Judicial Summary
This appeal concerns the circumstances in which a claimant may qualify for Universal Credit (UC), notwithstanding the general requirement that they are “not receiving education”. It relates to the exception in regulation 14(1)(b) of the Universal Credit Regulations 2013 (SI 2013/376). The claimant, who was entitled to personal independence payment (PIP), made a claim for UC before they started a university course. They had also been referred for a work capability assessment (WCA) but due to a Covid backlog this had not taken place by the time they started their course of study. It followed that no limited capability for work determination (LCW) had taken place before they started education. The First-tier Tribunal accordingly ruled that the exception in regulation 14(1)(b) did not apply. The Upper Tribunal dismissed the claimant’s appeal.