A recent Upper Tribunal decision, SSWP v NC (UA‑2025‑SCO‑000070‑UC), provides an important clarification for advisers supporting clients whose Universal Credit (UC) entitlement ends due to absence from Great Britain.
What Happened?
The claimant had been receiving UC since 2019. Her appointee notified DWP that she would be abroad for just over a month, from 13 November to 17 December 2024. As her trip did not fall within the exceptions allowed under Regulation 11 of the Universal Credit Regulations 2013, DWP superseded her award and ended entitlement from 18 October 2024.
At appeal, the First‑tier Tribunal (FTT) agreed she was not entitled during the period abroad, but held that her entitlement could automatically restart from 18 November 2024 (once she had returned to Great Britain), applying a closed‑period supersession.
Why the Upper Tribunal Disagreed
Upper Tribunal Judge Wright set aside the FTT’s decision, relying on the earlier authority SSWP v SC and MJ [2025] UKUT 299 (AAC). The UT confirmed:
- Once a claimant ceases to meet the basic condition of entitlement (in this case, being present in Great Britain),
- And the Secretary of State formally ends the award,
- The claimant can only become entitled again by making a new claim.
The UT stressed that the FTT’s reasoning — that DWP knew the claimant’s return date — was legally irrelevant. The law does not permit automatic re‑entitlement after an award has lawfully ended.
Key Learning for Advisers
- Returning to the UK does not reinstate UC automatically.
- When UC entitlement ends due to absence abroad, a new claim is required, even if the absence was temporary and even if DWP knew when the client would return.
- Advisers should ensure clients understand the risk of losing UC entirely if their absence does not fall under Regulation 11 temporary absence rules.
Decision Outcome
The Secretary of State’s appeal was allowed. The claimant was not entitled to UC from 18 October 2024 onward, as no new claim was made after returning to Great Britain.
Secretary of State for Work and Pensions v NC – Find Case Law – The National Archives