2022 No. 752
The Universal Credit (Transitional Provisions) Amendment Regulations 2022
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 42(1), (2) and (3) of, and paragraphs 1(1), 3(1)(a) to (c), 4(1), (2)(c) and (d) and (3)(a) and 6 of Schedule 6 to, the Welfare Reform Act 20121.
In accordance with section 172(1) of the Social Security Administration Act 19922 the Secretary of State has referred proposals in respect of these Regulations to the Social Security Advisory Committee.
Citation, commencement, extent and interpretationI11
1
These Regulations may be cited as the Universal Credit (Transitional Provisions) Amendment Regulations 2022 and come into force on 25th July 2022.
2
These Regulations extend to England and Wales and Scotland.
3
In these Regulations “Transitional Provisions Regulations” means the Universal Credit (Transitional Provisions) Regulations 20143.
Abolition of the Secretary of State discretion to determine that claims for universal credit may not be madeI22
Regulation 4 of the Transitional Provisions Regulations (Secretary of State discretion to determine that claims for universal credit may not be made) is revoked.
Exclusion of claims for certain existing benefitsI33
Regulation 6 of the Transitional Provisions Regulations (exclusion of claims for certain existing benefits) is revoked.
Restriction on claims for housing benefit, income support or a tax creditI44
Before regulation 7 of the Transitional Provisions Regulations (termination of awards of certain existing benefits: new claimant partners) insert—
Restriction on claims for housing benefit, income support or a tax credit6A
1
Except as provided by paragraphs (2) to (7) a person may not make a claim for housing benefit, income support, or a tax credit.
2
Paragraph (1) does not apply to a claim for housing benefit in respect of specified accommodation or temporary accommodation.
3
Paragraph (1) does not apply to a claim for housing benefit that is made during the last assessment period of an award of universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations4 applies, in respect of entitlement arising from the date the claimant reaches that age.
4
Paragraph (1) does not apply to a claim for housing benefit by a single person who has reached the qualifying age for state pension credit, or a member of a State Pension Credit Act couple where both members have reached that age or a member of a polygamous marriage where all members have reached that age.
5
Paragraph (1) does not apply to a claim for housing benefit where—
a
the claim is made by a member of a State Pension Credit Act couple who has reached the qualifying age for state pension credit and the other member has not reached that age; and
b
one of the savings in the sub-paragraphs of article 4(1) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 20195 applies and the saving has not ceased to have effect under article 4(2) of that Order.
6
Paragraph (1) does not apply to a claim for a tax credit where a person makes or persons make a claim for child tax credit or working tax credit and on the date on which he or she (or they) makes or make the claim he or she (or they) has or have an award of working tax credit or child tax credit respectively.
7
Paragraph (1) does not apply to a claim for a tax credit where a person has or had, or persons have or had, an award of child tax credit or working tax credit in respect of a tax year and that person or those persons makes or make (or is or are treated as making) a claim for that tax credit for the next tax year.
8
For the purposes of this regulation—
a
“polygamous marriage” has the same meaning as in regulation 3(5) of the Universal Credit Regulations;
b
“State Pension Credit Act couple” means a couple as defined in section 17(1) of the State Pension Credit Act 20026,
and a reference to the date on which a claim for a tax credit is made is a reference to the date on which such claim is made or treated as made as provided for in the Tax Credits (Claims and Notifications) Regulations 20027.
Termination of existing benefits – removal of requirement for Secretary of State to determine that the basic conditions are metI55
1
The Transitional Provisions Regulations are amended as follows.
2
In paragraph (1) of regulation 7 (termination of awards of certain existing benefits: new claimant partners)—
a
at the end of sub-paragraph (b) insert “and”
; and
b
omit sub-paragraph (d) and the “and” preceding it.
3
In regulation 8 (termination of awards of certain existing benefits: other claimants)—
a
in paragraph (1)(a), after “is made” insert “, whether or not subsequently withdrawn”
;
b
in paragraph (1), omit sub-paragraph (b) and the “and” preceding it; and
c
after paragraph (2A) insert—
2B
This regulation does not apply in the case of a single claimant who has reached the qualifying age for state pension credit or in the case of joint claimants who have both reached the qualifying age for state pension credit.
4
In paragraph (1) of regulation 12 (modification of tax credits legislation: overpayments and penalties)—
a
at the end of sub-paragraph (a) insert “and”
; and
b
omit sub-paragraph (c) and the “and” preceding it.
5
In paragraph (1) of regulation 12A (modification of tax credits legislation: finalisation of tax credits)—
a
at the end of sub-paragraph (a) insert “and”
; and
b
omit sub-paragraph (c) and the “and” preceding it.
Managed migration - persons who claim as a different benefit unitI66
1
Regulation 47 of the Transitional Provisions Regulations (notified persons who claim as a different benefit unit) is revoked.
2
In regulation 50(2) of the Transitional Provisions Regulations (Secretary of State to determine whether transitional protection applies) for “where regulation 47 (notified persons who claim as a different benefit unit) applies” substitute—
where—
a
notified persons who were a couple for the purposes of an award of an existing benefit when the migration notice was issued are single persons or members of a different couple for the purposes of a claim for universal credit; or
b
notified persons who were single for the purposes of an award of an existing benefit when the migration notice was issued are a couple for the purposes of a claim for universal credit; or
c
notified persons who were members of a polygamous marriage for the purposes of an award of an existing benefit when the migration notice was issued are a couple or single persons for the purposes of a claim for universal credit.
Managed migration – adjustment to transitional element where other elements increaseI77
1
Regulation 55 (the transitional element – initial amount and adjustment where other elements increase) of the Transitional Provisions Regulations is amended as follows.
2
In paragraph (4), after ““relevant increase” is” insert “, subject to paragraph (5),”
.
3
At the end insert the following paragraphs—
5
In cases where the LCW element is replaced by the LCWRA element, the
“relevant increase”is to be treated as the difference between the amounts of those elements.6
In this regulation, “LCW element”8 and “LCWRA element” have the same meaning as in regulation 2 of the Universal Credit Regulations.
Managed migration – protection for full-time studentsI88
In regulation 60 of the Transitional Provisions Regulations (protection for full-time students until course completed) the existing text becomes paragraph (1) and after paragraph (1) insert—
2
Paragraph (1) does not apply to any assessment period in respect of which a transitional element or transitional capital disregard would (if the claimant had been entitled to that element or that disregard) have ceased to apply by virtue of regulation 56 (circumstances in which transitional protection ceases) or regulation 57 (application of transitional protection to a subsequent award).
Abolition of discretionary hardship paymentsI99
Regulation 64 of the Transitional Provisions Regulations (discretionary hardship payments) is revoked.
Managed migration - abolition of the limit on number of cases migratedI1010
Regulation 2 of the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (Managed migration pilot: limit on the number of cases migrated)9 is revoked.
Consequential amendmentsI1111
The Schedule contains consequential amendments.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULEConsequential Amendments
I121
1
The Transitional Provisions Regulations are amended as follows.
2
In regulation 2 (interpretation) in paragraph (4) omit the reference to “and regulation 47 (notified persons who claim as a different benefit unit)”.
3
In regulation 5 (exclusion of entitlement to certain benefits) in paragraph (2)(ab) for “, 46(1) or 47(2)” substitute “or 46(1)”
.
4
In regulation 8A10 (transitional housing payment) in the preliminary text for “, 46 or 47” substitute “or 46”
and in paragraphs (a) and (b) for “, 46(1) or 47(2)” substitute “or 46(1)”
.
5
In regulation 8B11 (effect on universal credit award of two week run-on etc.) for “, 46(1) or 47(2)” substitute “or 46(1)”
.
6
In regulation 13 (appeals etc relating to certain existing benefits) in paragraph (3) for “, 46 or 47” substitute “or 46”
.
7
In regulation 4412 (migration notice) in paragraph (5)—
a
at the end of sub-paragraph (a) insert “or”
; and
b
omit sub-paragraph (b).
8
In regulation 4613 (termination of existing benefits if no claim before the deadline) omit paragraph (5).
9
In regulation 5814 (qualifying claim – Secretary of State may set later commencement day) omit “or 47(4)”.
I132
1
The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 201315 is amended as follows.
2
Article 5A (transitional provision where Secretary of State determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance) is revoked.
3
In article 6 (transitional provision: where the abolition of income-related employment and support allowance and income-based jobseeker’s allowance is treated as not applying) omit paragraph (1)(e)(ii) and the “or” preceding it.
I143
Article 6 of the Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 201516 is revoked.
I154
1
The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 201917 is amended as follows.
2
In paragraph (3) of article 2 (interpretation) omit “and article 8(2)(b)”.
3
In paragraph (4) of article 6 (transitional provision: termination of awards of housing benefit) for “respectively in sub-paragraphs (h) and (l) of article 7(11) of the No.23 Order” substitute “in regulation 2 of the Universal Credit (Transitional Provisions) Regulations 2014”
.
4
In paragraph (1)(a)(i) of article 7 (transitional provision: application to housing benefit of the rules in universal credit for treatment of couples and polygamous marriages) for “article 6 of the No. 21 Order or article 7 of the No.23 Order” substitute “regulation 6A of the Universal Credit (Transitional Provisions) Regulations 2014”
.
5
Article 8 (transitional provision: where restrictions on claims for universal credit are in place) is revoked.
I165
Article 6 of the Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 201418 (transitory provision: claims for housing benefit, income support or a tax credit) is revoked.
I176
Article 7 of the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 201519 (transitional provision: claims for housing benefit, income support or a tax credit) is revoked.
(This note is not part of the Regulations)