The Universal Credit (Transitional Provisions) Regulations 2014

Termination of awards of certain existing benefits: new claimant partnersU.K.

This section has no associated Explanatory Memorandum

7.—(1) This regulation applies where—

(a)a person (“A”) who was previously entitled to universal credit F1... ceases to be so entitled on becoming a member of a couple;

(b)the other member of the couple (“the new claimant partner”) was not entitled to universal credit F2... immediately before formation of the couple; [F3and]

(c)the couple is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations, as having made a claim for universal credit; F4...

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to paragraphs (4) and (5), where this regulation applies, all awards of income support or housing benefit to which the new claimant partner would (were it not for the effect of these Regulations) have been entitled during the relevant period are to terminate, by virtue of this regulation—

(a)on the day before the first date on which the joint claimants are entitled to universal credit in connection with the claim; or

(b)if the joint claimants are not entitled to universal credit, on the day before the first date on which they would have been so entitled, if all of the basic and financial conditions applicable to them had been met; or

(c)if the new claimant partner became entitled to an award after the date on which it would otherwise terminate under sub-paragraph (a) or (b), at the beginning of the first day of entitlement to that award.

(3) For the purposes of this regulation, “the relevant period” is the period starting with the first day of the assessment period (in relation to A's award of universal credit) during which A and the new claimant partner formed a couple and ending with the date of formation of the couple.

(4) Where the new claimant partner was entitled during the relevant period to income support, he or she was at that time a member of a couple and the award included an amount in respect of the new claimant partner and their partner at that time (“P”), the award of income support terminates, by virtue of this regulation, on the date on which the new claimant partner and P ceased to be a couple for the purposes of the Income Support (General) Regulations 1987, unless it terminates on that date in accordance with other legislative provision, or terminated on an earlier date.

(5) An award of housing benefit to which the new claimant partner is entitled does not terminate by virtue of this regulation where—

(a)the award is in respect of [F5specified accommodation] [F6or temporary accommodation]; F7...

(b)the new claimant partner leaves the accommodation in respect of which housing benefit was paid, in order to live with A[F8; or

(c)the new claimant partner has reached the qualifying age for state pension credit and the award is made in accordance with the 2006 (SPC) Regulations]

(6) Where an award terminates by virtue of this regulation, any legislative provision under which the award terminates on a later date does not apply.

(7) Where the new claimant partner was, immediately before forming a couple with A, treated by regulation 11 as being entitled to a tax credit, the new claimant partner is to be treated, for the purposes of the 2002 Act, as having made a claim for the tax credit in question for the current tax year.

Textual Amendments

F1Words in reg. 7(1)(a) omitted 26.11.2014 by The Universal Credit (Digital Service) Amendment Regulations 2014 S.I. 2014/2887, reg. 1, 3(3)

F2Words in reg. 7(1)(b) omitted 26.11.2014 by The Universal Credit (Digital Service) Amendment Regulations 2014 S.I. 2014/2887, reg. 1, 3(3)

F5Words in reg. 7(5)(a) substituted (3.11.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), reg. 1(2), 3(2)(c)