Entitlement to universal credit for students
The rules that provide for which students are entitled to 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.
Basic condition for entitlement to universal credit |
Section 4 of the Welfare Reform Act 2012 |
Sets out the basic conditions for entitlement to universal credit including that the claimant is not receiving education. |
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Receiving education |
Regulation 12 of SI.No.376/2013 |
Defines the phrase ‘receiving education’ and when a person is to be treated as receiving education. |
Undertaking a course |
Regulation 13 of SI.No.376/2013 |
Sets out when a person is to be regarded as undertaking a course of education, study or training. |
Exceptions to the requirement not to be receiving education |
Regulation 14 of SI.No.376/2013 (as amended by SI.No.827/2020 and SI.No.1224/2021) |
Sets out when a person does not have to meet the basic condition of ‘not receiving education’, including people in receipt of a disability benefit who have a prior determination of limited capability for work. |
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.
In addition, SR.No.166/2020 and SR.No.303/2021 include equivalent provision for Northern Ireland as that made in Great Britain in relation to the rules for people in receipt of a disability benefit who have a prior determination of limited capability for work who do not have to meet the basic condition of ‘not receiving education
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 |
Sets out the meaning of receiving education, what is a full-time course, and the exceptions to the requirement not to be receiving education. |
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DWP guidance from parliament.uk |
Sets out which students are eligible for universal credit. |
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Advice for decision making |
Sets out when a claimant must be assessed as having limited capability for work in order to be excepted from the requirement to be receiving education as a disabled person. |
Case law provides further interpretation of the legislation and establishes legal precedent.
Court of Appeal |
Court of Appeal dismisses challenge to universal credit disabled student rules |
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Upper Tribunal |
Whether the definition of ‘full-time course of education’ refers to actual number of hours of study rather than classification by the particular educational institution |
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High Court |
High Court dismisses judicial review challenge to universal credit disabled student rules |