Universal Credit Appeal- University associated Living Costs

Good Afternoon all,

We are hoping to get some advice/guidance relating to a Universal Credit Appeal. We are at Tribunal stage and received the DWP Bundle. The issue relates to a dispute between the DWP and the Appellant regarding allowable university associated expenses as living costs.

The DWP have only allowed a deducted of £110.00 per month from the scholarship for travel and books.  The Appellant whom is married and has 2x children and lives nearby the University for the purposes of the Course. We believe the £110.00 is incorrect and that the DWP should deduct further expenses. 

The DWP are relying on The Universal Credit Regulations 2013 Regulation 68 – 70.

The DWP Universal Credit Guidelines allows for a Child Element of £290.00 per months for children born before 06/04/2017 and £244.58 for each subsequent child.  We suggest the DWP allow at absolute minimum the £534.58 from the Scholarship and childcare costs as these are the government’s own figures. The DWP are not accepting this

The DWP guidelines confirm that multiple deductions can be made from the Scholarship amount. https://www.gov.uk/guidance/universal-credit-and-student

• tuition and examination fees
• your disability
• expenses for residential study away from an educational establishment
• living away from your usual place of study
• maintenance of dependent adult (if the Universal Credit award does not include an amount for this person)
• books and equipment
• travel expenses
• childcare costs

We believe that the DWP have taken a strict and interpretation of the above outlined legislation and have not allowed additional expenses.  We have not been able to source DWP Guidance/Caselaw as of yet to dispute the narrow and strict interpretation.
We are looking to strengthen our representations and looking for case law further guidance as the DWP are maintaining that only travel and books can be deducted which seems erroneous as it is transparent the Appellant has rent, childcare costs and other related expenses.

We have come to a loss in terms of research and any guidance would assist. 

These deductions are listed in Reg 70, and the guidance is in the ADM at H6137 - see also the example after that paragraph.

However, you can’t simply deduct from the scholarship based on what UC would give for that child or for childcare. You have to look at how the bursary/scholarship was calculated by the awarding body, as the Regs say these deductions only apply where amounts included in the grant are “intended” for those purposes or are “in respect of” those purposes.

You would certainly not be able to make deductions for the children, as the Regs do not allow that in a case where the UC award will include amounts for the children.

Perhaps relevant,  [2023] UKUT 272 (AAC) says that whatever the claimant’s idea is of which category their student finance should be placed in under the UC regs, that doesn’t over-ride the grant-maker’s intended purpose.

Thank you for your response and guidance.