SW v Secretary of State for Work and Pensions (UC): [2026] UKUT 124 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Stout on 16 March 2026.
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Judicial Summary
The Upper Tribunal allowed the appellant’s appeal and set aside the First‑tier Tribunal’s decision, holding that the Tribunal had erred in law in its approach to the financial conditions for entitlement to Universal Credit during the three‑month waiting period before the Limited Capability for Work and Work‑Related Activity (LCWRA) element could be included in the award. Although the LCWRA element was deferred under regulation 28(1) of the Universal Credit Regulations 2013, the appellant would have been entitled to Universal Credit once that element was included, and regulation 28(7) therefore required him to be treated as entitled to the prescribed minimum amount of 1p for each relevant assessment period during the waiting period. That nominal entitlement preserved access to other passported benefits, including Housing Benefit.