Written question asked by Carla Lockhart (Democratic Unionist Party) on Monday, 18 May 2026, in the House of Commons. It was due for an answer on Thursday, 21 May 2026 (named day). It was answered by Stephen Timms (Labour) on Wednesday, 17 June 2026 on behalf of the Department for Work and Pensions.

Social Security Benefits: Surrogacy

Question: To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 23 March 2026 to Question 120434, and pursuant to PQ v Secretary of State for Work and Pensions, for what reason payments received by a surrogate mother are treated as income for the purposes of Jobseeker’s Allowance but not for the purposes of Universal Credit.

Answer: Neither Universal Credit nor new style Jobseeker’s allowance treats surrogacy payments as income. If differences occur, it is because these benefits operate under different legislative frameworks. For example, new style Jobseeker’s Allowance is a contribution-based benefit, and is therefore not means-tested, except in relation to earnings and occupational pension income, and as surrogacy payments are not classed as earnings, they do not fall to be taken into account. Universal Credit, on the other hand, is means-tested, which means it would follow HMRC’s tax treatment of such payments and consider each case on its facts, and any unspent amounts may be treated as capital under the usual rules.

Secondary information

Type: Written question
Reference: 2191
Session: 2026-27
Related items: Social Security Benefits: Surrogacy
Monday, 23 March 2026
Written questions
House of Commons
Subjects: Jobseeker's allowance Personal income Universal credit Social security benefits Surrogacy
Link: View this Written question on www.parliament.uk