The Universal Credit (Transitional Provisions) Regulations 2013

Entitlement to claim universal credit

3.—(1) Unless a claim may be made by virtue of paragraph (2), or treated as made by virtue of paragraph (4), a person may not make, or be treated as making, a claim for universal credit unless—

(a) the claim is in respect of a period which begins on or after the date on which these Regulations come into force; and

(b) on the date on which the claim is made, or treated as made, the person falls within the Pathfinder Group(1).

(2) Subject to paragraph (3), where an award of universal credit to joint claimants terminates because they cease to be a couple, the claimant who is not exempt (by virtue of regulation 9(6) of the Claims and Payments Regulations) from the requirement to make a claim, may make a claim for universal credit during the period of one month starting with the date on which notification is given to the Secretary of State that the claimants have ceased to be a couple, even if the claimant does not fall within the Pathfinder Group on the date on which the claim is made.

(3) No claim may be made by a person by virtue of paragraph (2) at any time when the person or their partner is entitled to—

(a) state pension credit; or

(b) an existing benefit.

(4) Subject to paragraph (5), where regulation 9(8) of the Claims and Payments Regulations (Claims for universal credit by members of a couple) applies to a couple, they may be treated as making a claim for universal credit in accordance with that regulation, even though they do not fall within the Pathfinder Group on the date on which the claim is treated as made.

(5) No claim is to be treated as made by a couple by virtue of paragraph (4) at any time when—

(a) the member of the couple who was previously entitled to universal credit as a single claimant is entitled to—

(i) state pension credit; or

(ii) an existing benefit;

(b) the member of the couple who did not previously have an award of universal credit as a single person is entitled to state pension credit.

(1)

See reg 4.