The Universal Credit (Transitional Provisions) Regulations 2014

Changes over time for: Section 19

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Universal Credit (Transitional Provisions) Regulations 2014. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Table of Contents words inserted by S.I. 2018/65 reg. 6(2)(a) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
Table of Contents words inserted by S.I. 2018/65 reg. 6(2)(b) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
Table of Contents words omitted by S.I. 2018/65 reg. 6(2)(c) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
Sch. 1 para. 16(c) substituted by S.I. 2024/341 reg. 8(4)

Transition from old style ESAU.K.

This section has no associated Explanatory Memorandum

19.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made or treated as made (“the relevant date”); and

[F1(b)on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).]

(2) Where, on or before the relevant date, it had been determined that the claimant [F2had limited capability for work (within the meaning of Part 1 of the 2007 Act)]—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the claimant is to be treated as having limited capability for work for the purposes of F4... section 21(1)(a) of [F5the Act; and

(c)the claimant is to be treated as if the determination that they have limited capability for work, for the purposes of regulation 14(1)(b) of the Universal Credit Regulations, was made before the date on which the claimant started receiving education (see regulations 12(2) and 13 of the Universal Credit Regulations).]

F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where, on or before the relevant date, it had been determined that the claimant [F7had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity]—

(a)regulation 27(3) of the Universal Credit Regulations does not apply; F8...

(b)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of regulation 27(1)(b) of those Regulations and section 19(2)(a) of [F9the Act; and

(c)the claimant is to be treated as if the determination that they have limited capability for work and work-related activity, for the purposes of regulation 14(1)(b) of those Regulations, was made before the date on which the claimant started receiving education.]

(5) Unless the assessment phase applied and had not ended at the relevant date, in relation to a claimant who is treated as having limited capability for work and work-related activity under paragraph (4)(4)(b)—

(a)regulation 28 of the Universal Credit Regulations does not apply; and

(b)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(6) For the purposes of this regulation, a determination that the claimant [F10had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act)], is to be taken into account even if the award of old style ESA subsequently terminated (in so far as it was an award of income-related employment and support allowance) before the date on which that determination was made, by virtue of an order made under section 150(3) of the Act.

(7) Where a claimant is treated, by virtue of this regulation, as having limited capability for work or, as the case may be, limited capability for work and work-related activity, the Secretary of State may at any time make a fresh determination as to these matters, in accordance with the Universal Credit Regulations.

(8) In this regulation and in regulations 20 to 27—

[F11“assessment phase” has the same meaning as in the 2007 Act M1;]

“incapacity benefit” and “severe disablement allowance” have the same meanings as in Schedule 4 to that Act;

[F12“LCWRA element” has the same meaning as in the Universal Credit Regulations M2.]

(9) For the purposes of this regulation and regulation 20, references to cases in which the assessment phase applied are references to cases in which sections 2(2)(a) [F13and 4(4)(a)] of the 2007 Act applied and references to cases in which the assessment phase did not apply are references to cases in which those sections did not apply M3.

[F14(10) For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the Employment and Support Allowance Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).]

Textual Amendments

F1Reg. 19(1)(b) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(a) (with Sch. 2 paras. 8-15)

F2Words in reg. 19(2) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(b)(i) (with Sch. 2 paras. 8-15)

F3Reg. 19(2)(a) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(b)(ii) (with Sch. 2 paras. 8-15)

F4Words in reg. 19(2)(b) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(b)(iii) (with Sch. 2 paras. 8-15)

F5Words in reg. 19(2)(b) and reg, 19(2)(c) substituted for words in reg. 19(2)(b) (15.12.2021) by The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2021 (S.I. 2021/1224), regs. 1(1), 3(a) (with reg. 1(2))

F6Reg. 19(3) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(c) (with Sch. 2 paras. 8-15)

F7Words in reg. 19(4) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(d) (with Sch. 2 paras. 8-15)

F8Word in reg. 19(4)(a) omitted (15.12.2021) by virtue of The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2021 (S.I. 2021/1224), regs. 1(1), 3(b)(i) (with reg. 1(2))

F9Words in reg. 19(4)(b) and reg. 19(4)(c) substituted for words in reg. 19(4)(b) (15.12.2021) by The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2021 (S.I. 2021/1224), regs. 1(1), 3(b)(ii) (with reg. 1(2))

F10Words in reg. 19(6) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(e) (with Sch. 2 paras. 8-15)

F11Words in reg. 19(8) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 5(2)(f)(i) (with Sch. 2 paras. 8-15)