The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2022

This Statutory Instrument has been made in consequence of a defect in S.I. 2015/1754 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2022 No. 886

Social Security

The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2022

Made

at 12.26 p.m. on 4th August 2022

Laid before Parliament

at 3.00 p.m. on 4th August 2022

Coming into force

26th September 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 24(1) and 42(1) and (2) of the Welfare Reform Act 2012(1).

In accordance with section 173(1)(b) of the Social Security Administration Act 1992(2), the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2022 and come into force on 26th September 2022.

(2) Any amendment made by these Regulations has the same extent as the provision amended.

Amendment of the Universal Credit Regulations 2013

2.  For paragraph (6) of regulation 99 of the Universal Credit Regulations 2013 (circumstances in which requirements must not be imposed)(3) substitute—

“(6) This paragraph applies where—

(a) the claimant has monthly earnings (excluding any that are not employed earnings) that are equal to, or more than, the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 12 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12; or

(b) the claimant is a member of a couple whose combined monthly earnings (excluding any that are not employed earnings) are equal to, or more than, the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 19 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12.”.

Signed by authority of the Secretary of State for Work and Pensions

Stedman-Scott

Parliamentary Under-Secretary of State

Department for Work and Pensions

At 12.26 p.m. on 4th August 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 99 of the Universal Credit Regulations 2013 (S.I. 2013/376), which sets out the circumstances in which work search and work availability requirements may not be imposed on a universal credit claimant.

Paragraph (6) of regulation 99 is amended so that work search and work availability requirements may not be imposed where a claimant has monthly earnings from employment that are equal to, or more than, 12 hours per week at the national minimum wage rate as set out in regulation 4 of the National Minimum Wage Regulations 2015 (“the national living wage”) or, where the claimant is a member of a couple, their combined earnings from employment are equal to, or more than, 19 hours per week at the national living wage rate, in both cases converted to a monthly amount by multiplying by 52 and dividing by 12.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

(1)

2012 c. 5.

(2)

1992 c. 5.

(3)

S.I. 2013/376, amended by S.I. 2015/89 and 1754.