Yitzchok Feiner v Secretary of State for Work and Pensions

Facts

Mr Yitzchok Feiner and his partner were joint claimants for Universal Credit. They had eight children, one of whom, Z, received the middle rate of the care component of disability living allowance. Mr Feiner provided Z's care and had an award of carer's allowance; his partner was in paid work while he was not. The couple paid childcare costs for Z and five of the other children, who attended different institutions during substantially overlapping hours, and asked for their award to be superseded to include the childcare costs element. The Secretary of State refused, on the basis that the work condition under regulation 32 of the Universal Credit Regulations 2013 was not met, because Mr Feiner could not show he was unable to provide childcare by reason of his caring responsibilities: he was not caring for Z during the hours the other children were in childcare. The First-tier Tribunal (Social Entitlement Chamber), sitting at Preston before Judge A Dilks, dismissed his appeal on 18 March 2025 and refused permission to appeal. Permission was granted by the Upper Tribunal, and the appeal was determined on the papers, the Secretary of State opposing it in written submissions to which Mr Feiner's representative did not respond.