I would be grateful for any advice and assistance on the following matter:
I am a Universal Credit Claimant. I have been refused an MR. The facts are: I have a second property which is occupied by my mother. My mother is of elderly of age (not state pension age) and has longstanding medical conditions – type 1 diabetes (insulin controlled), hypertension and recently, diabetic neuropathy. She could be eligible for certain benefits (e.g. PIP), although she is not a recipient of any benefit (she chooses not to be in receipt by her own choice).
Under Schedule 10 Para 2 of Universal Credit Regulations 2013, a UC claimant’s second property can be disregarded when…
Premises occupied by a close relative of a person as their home where that close relative has limited capability for work or has reached the qualifying age for state pension credit.
Medical evidence was submitted although the DWP however refused to apply the provision on reasons:
The relative has not had a Work Capability Assessment (WCA); and
The relative is not on benefits, so cannot be accepted as having LCW.
DWP suggests the above are only relevant to claimants of benefits (UC/ESA)
Some of my points of argument, amongst others against this at the tribunal will include:
Equality considerations
- Denying the disregard because my mother has not claimed a benefit would ignore the Equality Act 2010 s.6 definition (disability status independent of benefits, assessed as if untreated: Sch 1), and is inconsistent with the PSED duty to consider disability impacts
- Limiting LCW to benefit claimants would exclude disabled/vulnerable relatives who have not claimed UC/ESA, undermining the important and purposeful protective intent of Sch 10 para 2.
- This would amount to indirect discrimination against disabled persons (Equality Act 2010 s.19, s.149; Article 14 ECHR).
I would be grateful for any authority/case law that I can submit at the tribunal to support the argument that LCW is a status which is not dependent upon benefits (i.e. can be applicable to non-claimants), and can be determined from medical evidence alone.
Also I would like to reference the following post:
(https://www.rightsnet.org.uk/Forums/1725/Database/viewthread/15167/#71778)
where is has been mentioned
“Commentary in Sweet and Maxwell says it’s arguable either that the words “limited capability for work” merely have their ordinary meaning or that it is not necessary that the relative be in receipt of any benefit or credit based on a determination as to limited capability for work.
This is because regs 38-44 only apply in determining whether a claimant has LCW, not the other person residing in the property.”
I would be grateful if anyone could verify or expand upon this, as it seems very helpful to my issue and would greatly help my case at the tribunal.
Please also provide sources/attachments that I can provide/quote at tribunal.
Thank you very much in advance.
