RR v Secretary of State for Work and Pensions (Universal Credit ): [2024] UKUT 261 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 28 August 2024

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 September 2024

• Categories: Housing and council tax benefits, Residence and presence conditions and Universal Credit
• Sub-categories: Housing and council tax benefits - non-dependants and Residence and presence conditions - residence
• Judges: Wikeley, N
• Decision date: 28 August 2024

Read the full decision in UA -2024-000071-UHC, UA-2024-000197-USTA.

Judicial Summary

Universal Credit housing costs element - definition of non-dependant - whether “person normally lives in the accommodation with the renter” - application of test in case where an adult child lives at home part of the time and at university part of the time - CH/4004/2004, Stroud DC v JG (HB) [2009] UKUT 67 (AAC), reported as R(H) 8/09 and SK v South Hams DC (HB) [2010] UKUT 129 (AAC) [2010] AACR 40 considered.

Published 19 September 2024