Basic conditions of entitlement

Legislation
Guidance
Case law

The basic conditions of entitlement for universal credit are set out in the Welfare Reform Act 2012 and the Universal Credit Regulations 2013 (SI.No.376/2013).

NB: See below for equivalent legislation in Northern Ireland.

Lower age condition	Section 4 of the Welfare Reform Act 2012 and regulation 8 of SI.No.376/2013	Set out the general requirement to be at least 18 years old, and the exceptions where the minimum age is 16.
Upper age condition	Section 4 of the Welfare Reform Act 2012	Sets out the general requirement that a claimant has not reached pension age the qualifying age for pension credit - see also Mixed-age couples conditions of entitlement.
Presence	Section 4 of the Welfare Reform Act 2012	Sets out the requirement to be in Great Britain - for more information, see Residence rules.
Not receiving education	Section 4 of the Welfare Reform Act 2012	Sets out the requirement to not be receiving education - for more information, see Entitlement to universal credit for students.
Acceptance of a claimant commitment	Section 4 of the Welfare Reform Act 2012	Sets out the requirement to accept a claimant commitment - for more information, see Claimant commitment.
Financial conditions	Section 5 of the Welfare Reform Act 2012 and regulations 17 and 18 of SI.No.376/2013	Set out the capital limit for claiming universal credit and the minimum payment amount.
Restrictions on entitlement	Section 6 of the Welfare Reform Act 2012 and regulation 19 of SI.No.376/2013	Set out where there are restrictions on entitlement.

In Northern Ireland, the Welfare Reform (Northern Ireland) Order 2015 together with SR.No.216/2016 make provisions that are largely equivalent to that in Great Britain.

Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.

Advice for Decision Making	Chapter E1	Gives guidance as to the basic conditions and financial conditions that must be met to be eligible for universal credit and exceptions that apply

Case law provides further interpretation of the legislation and establishes legal precedent.

Upper Tribunal	[2024] UKUT 137 (AAC)	Tribunal’s failure to apply the temporary absence from Great Britain disregard to a claimant caught by Covid-19 travel restrictions amounted to an error of law More information: Read the rightsnet summary
Upper Tribunal	[2023] UKUT 9 (AAC)	Tribunal hearing appeal against HMRC decision to end tax credits following universal credit claim is limited to determining whether SSWP is in fact satisfied that claimant meets basic conditions of entitlement to universal credit. More information: Read the rightsnet summary
Upper Tribunal	[2022] UKUT 350 (AAC)	Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met. More information: Read the rightsnet summary

Upper Tribunal

[2024] UKUT 137 (AAC)

Tribunal’s failure to apply the temporary absence from Great Britain disregard to a claimant caught by Covid-19 travel restrictions amounted to an error of law

Upper Tribunal

[2023] UKUT 9 (AAC)

Tribunal hearing appeal against HMRC decision to end tax credits following universal credit claim is limited to determining whether SSWP is in fact satisfied that claimant meets basic conditions of entitlement to universal credit.

Upper Tribunal

[2022] UKUT 350 (AAC)

Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met.