MC v Secretary of State for Work and Pensions (UC): [2018] UKUT 44 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 8 February 2018.

Read the full decision in CUC/533/2017.

Judicial Summary

Universal credit - child element - whether claimant responsible for child - regulation 4(2) and (4) of Universal Credit Regulations - whether child normally living with father - child staying with godparent near college but also staying alternate weekends with father - whether “normally living with” means living with the claimant for longer than with any other person - CFC/1537/1995 considered - whether test for family credit legislation also applies to Universal Credit Regulations - where child normally lives with different adults in two different places, the main responsibility test must be applied.

Published 21 February 2018