The Universal Credit Regulations 2013

Application of paragraph 5: joint owner-occupiers ceasing to be a couple

7.—(1) This paragraph applies where—

(a) an award of universal credit to joint owner-occupiers is terminated because they cease to be a couple; and

(b) a further award is made to one of them (or to each of them); and

(c) in relation to the further award (or in relation to each further award), the occupation condition is met in respect of the same accommodation as that occupied by the joint owner-occupiers as their home.

(2) In determining when the qualifying period in paragraph 5 ends in relation to the further award (or each further award), the whole or part of any assessment period which would have counted in relation to the award that is terminated is to be carried forward and taken into account in relation to the further award (or each further award).

(3) But where, immediately before the joint owner-occupiers’ award was terminated, an amount of housing costs element calculated under this Schedule was already included in the award, no qualifying period under paragraph 5 applies to the owner-occupier in relation to the commencement of the further award (or each further award).

(4) For the purposes of sub-paragraph (1)(b), it is irrelevant whether the further award—

(a) is made on a claim; or

(b) by virtue of regulation 9(6) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(1) is made without a claim.

(1)

S.I. 2013/380.