Basic conditions of entitlement
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. |
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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 |
Gives guidance as to the basic conditions and financial conditions that must be met to be eligible for universal credit and exceptions that apply |
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Case law provides further interpretation of the legislation and establishes legal precedent.
AA v SSWP
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Upper Tribunal
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The Upper Tribunal finds that a First-tier Tribunal was correct to apply a two-month temporary absence disregard in the case of a universal credit claimant attending a funeral abroad who was caught by Covid-19 travel restrictions |
KL by MR v SSWP
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Upper Tribunal
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Student’s universal credit claim which would have been successful under regulation 14 exception but for the DWP’s delay in completing a work capability assessment was correctly refused by tribunal |
KK v SSWP
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Upper Tribunal
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Upper Tribunal rejects ‘phasing’ of universal credit temporary absence disregards, and rules that absence for medical treatment must be ‘solely in connection with’ that treatment from the outset |
AM v SSWP (UC)
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Upper Tribunal
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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 |
HMRC v SSWP and GS (TC)
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Upper Tribunal
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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. |
HMRC v SSWP and SA (TC)
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Upper Tribunal
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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. |
KC v SSWP
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Upper Tribunal
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Failure to consider whether a claimant had a legal and beneficial interest in capital in excess of £16,000 amounted to an error of law |