The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

Amendment of the Jobseeker’s Allowance Regulations 1996

30.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 1(citation, commencement and interpretation)(2)—

(a) for the heading substitute “Citation, commencement, interpretation and application”;

(b) after paragraph (2) insert—

“(2A) These Regulations do not apply to a particular case on any day on which section 33(1)(a) of the 2012 Act (abolition of income-based jobseeker’s allowance) is in force and applies in relation to that case.”; and

(c) in paragraph (3)—

(i) after the definition of “the Contributions Regulations” insert—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and

(ii) after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 1 of the 2012 Act;”.

(3) In regulation 76(2) (persons of a prescribed description)(3), after sub-paragraph (e) insert—

“; or

(f) entitled to universal credit”.

(4) In regulation 96(2) (date on which income is treated as paid)(4)—

(a) for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and

(b) for “on the day of the benefit week” substitute “on any day”.

(5) In regulation 103(5B) (calculation of income other than earnings)(5), after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act as the case may be”.

(6) In regulation 153(b) (modification in the calculation of income)(6), after “the Benefits Act” insert “, universal credit”.

(7) In Schedule 2 (housing costs)(7)—

(a) in paragraph 1(3), after paragraph (e) insert—

“; or

(f) who is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations”; and

(b) in paragraph 17—

(i) after sub-paragraph (7)(i) insert—

“; or

(j) if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income”; and

(ii) after sub-paragraph (8) insert—

“(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.”.

(8) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)(8), omit “or” after paragraph 8(c) and after paragraph 8(d) insert—

“; or

(e) universal credit”.

(9) In Schedule 8, in paragraph 12(1)(b)(capital to be disregarded)(9), after “working tax credit” insert “, universal credit”.

(1)

S.I. 1996/207; regulation 1(3) was amended by S.I. 2013/388.

(2)

Regulation 1(3) was amended by S.I. 2013/388; there are other amendments that are not relevant to these Regulations.

(3)

Regulation 76(2) was amended by S.I. 2001/3070, 2006/718 and 2008/1554.

(4)

Regulation 96(2) was amended by S.I. 2008/1554.

(5)

Paragraph (5B) was inserted by S.I. 2008/1554.

(6)

Paragraph 153(b) was amended by S.I. 2008/1554.

(7)

Paragraph 1(3) was substituted by S.I. 2012/913. Paragraph 17(7) was amended by S.I. 1997/827 and 2008/1554; there are other amendments that are not relevant to these Regulations.

(8)

Paragraph 8 was amended by S.I. 2008/3157.

(9)

Paragraph 12(1)(b) was amended by S.I. 2003/455, 2005/574, 2008/698, 2008/1554 and 2008/3157.