Abdelaziz Dawod v Secretary of State for Work and Pensions & Anor

Facts

Ms Alla had been awarded universal credit as a single person, including the housing costs element, from 10 May 2021. Her partner, Mr Dawod, moved in and made a joint couple claim from 10 October 2022. On the claim form he reported no housing costs, as he was not on the tenancy. On 10 November 2022 the DWP awarded the couple universal credit without any housing costs. On 14 December 2022 Mr Dawod reported, through the only route the online journal offered, a 'change of circumstances', that the rent had always been payable, and asked for housing costs from the start of the claim. On 20 December 2022 the DWP treated this as a supersession and awarded the housing costs element only from 10 December 2022. A mandatory reconsideration request was refused, and the couple appealed. A first First-tier Tribunal decision dismissing the appeal was set aside for inadequate reasons. On 9 April 2024 a District Tribunal Judge, deciding on the papers, confirmed the supersession decision. The judge held that the DWP had been entitled to rely on the nil declaration. When Mr Dawod applied for permission to appeal, Judge Curley issued a 'Directions Notice' on 30 August 2024 setting the 9 April decision aside without finding any error of law. Upper Tribunal Judge Wikeley granted permission to appeal against both decisions, and the Chamber President directed a three-judge panel.