F1Transitional provision: loan offer made before 6th April 201819

1

Subject to regulation 20 (transitional provision: persons who lack capacity or may lack capacity identified before 6th April 2018), in relation to an existing claimant in a case where the loan payments offer date occurs before 6th April 2018, the amendments made by Schedule 5 (consequential amendments) shall be treated as though they did not have effect until the earlier of the following days (where that day occurs after 6th April 2018) (“the transitional end day”)—

a

the day referred to in paragraph (2);

b

the day after the day on which entitlement to a qualifying benefit ends.

2

The day referred to is the later of—

a

in the case of—

i

a legacy benefit claimant or SPC claimant, where 6th April 2018 is not the first day of the claimant’s benefit week, the first day of the first benefit week that begins after 6th April 2018, or

ii

a UC claimant, where 6th April 2018 is not the first day of the claimant’s assessment period, the first day of the first assessment period that begins after 6th April 2018;

b

the relevant day in paragraph (3).

3

The relevant day is the day after the day that is the earlier of—

a

the day on which the Department receives notification from the claimant that the claimant does not wish to accept the offer of loan payments;

b

the last day of the period of 4 weeks, beginning with the day after the day on which the Department has received both the loan agreement and the documents referred to in regulation 5(2), duly executed, where both the loan agreement and the documents are received within the period of 6 weeks beginning with the loan payments offer date; or

c

the last day of the period of 6 weeks, beginning with the loan payments offer date, where the Department has not received both the loan agreement and the documents referred to in regulation 5(2), duly executed, within that period.

4

Where in the case of—

a

a legacy benefit claimant or SPC claimant, the relevant day referred to in paragraph (3) is not the first day of the claimant’s benefit week, then the relevant day shall be the first day of the first benefit week that begins after the relevant day; or

b

a UC claimant, the relevant day referred to in paragraph (3) is not the first day of the claimant’s assessment period, then the relevant day shall be the first day of the first assessment period that begins after the relevant day.