High Court dismisses legal challenge to Universal Credit disabled student rules

1 min read

Monday 31 January 2022

Tags: benefits, universal credit, high court, universal credit for students

The High Court has dismissed a judicial review brought against rules restricting Universal Credit claims by disabled students.

Flinn Kays, a disabled 19 year old student, had argued that the rules that existed prior to 15 December 2021 were unlawful. These rules had prevented him from receiving Universal Credit until he first underwent a work capability assessment and established a limited capability for work.

But the High Court has dismissed Flinn’s legal challenge. It’s unknown at this point whether he is likely to appeal this decision.

The High Court was looking at the rules that applied to disabled students prior to 15 December 2021. It did not look in detail at the new more restrictive rules introduced on that date. These rules now further restrict Universal Credit claims by those ‘receiving education’ to cases where the disabled student had established a limited capability for work before they started education.

It is not yet clear whether these newer rules introduced in December could face a separate legal challenge.

For more information about Universal Credit rules for disabled students see our webpage on Universal Credit for young people receiving education.