The Universal Credit (Digital Service) Amendment Regulations 2014

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend a number of instruments relating to universal credit, namely the Universal Credit Regulations 2013 (S.I. 2013/376) (“the Universal Credit Regulations”), the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) (“he Claims and Payments Regulations”) and the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230) (“the Transitional Provisions Regulations”).

By virtue of the saving provision in regulation 5 the amendments only have effect in relation to particular cases (collectively known as “the digital service”) that arise from claims made by persons living in the area specified in that regulation or from such persons subsequently forming new couples or being part of a couple who separate.

Regulation 2 amends the provisions relating to the childcare costs element in the Universal Credit Regulations. The amendments provide for the childcare costs condition in regulation 33 to be met when charges for relevant childcare are paid up to two assessment periods in advance. They also amend the time allowed for reporting charges to the Secretary of State.

Regulation 2(4) inserts a new regulation 34A that provides for the costs that are attributable to an assessment period for the purposes of calculating the amount of the element. This includes a formula for calculating the amount of relevant childcare charges in respect of an assessment period where the payment has been made in advance.

Regulation 3 makes a number of changes to the provisions in the Universal Credit Regulations about assessment periods and about the creation of new awards as a result of couples separating or forming or becoming entitled to universal credit within 6 months of an award ending.

Regulation 3(1) makes amendments to the provisions in regulation 21 that specify the circumstances in which the assessment period for a new award is aligned with the assessment period for a previous award. These are where a new award is made as consequence of joint claimants separating, where single claimants form a new couple, where an existing claimant forms a couple with a person not previously entitled to universal credit and where a new claim is made within 6 months of the end of a previous award.

Regulation (3)(1) also removes provision in regulation 21(5) and (6) for apportioning the amount payable where a claim is backdated.

Regulation 3(1)(d) inserts a new regulation 22A providing for a reduction in the amount of an award of universal credit in the first assessment period where a person becomes entitled to a new award within 6 months of the end of a previous award. This applies if the claim is made more than 7 days after ceasing paid work (or a longer period if the Secretary of State considers there is good reason for the delay).

Regulation 3(2) makes various amendments to the provisions in the Claims and Payments Regulations providing for the circumstances in which a claim may be treated as made or where a new award can be made without a claim. In particular, it revokes regulation 6 of those Regulations (which provides that a former claimant who loses entitlement to universal credit due to receipt of earned income need not make a new claim upon the earned income subsequently being reduced).

Regulation 3(3) makes a consequential amendment to the Transitional Provisions Regulations.

Regulation 4 amends regulation 73 of Universal Credit Regulations to include a provision for calculating the amount of unearned income in respect of an assessment period where such unearned income is paid in respect of a period beginning or ending during an assessment period.

Regulation 5 is a saving provision (see above).

An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. The instrument has no impact on the public sector.