The Universal Credit (Claims and Payments) (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide flexibilities to the operation of the claims and payments system for universal credit in relation to Scotland.

Regulation 1(2) provides the definition of “Scottish UC applicant or recipient” that is used to determine the persons applying for, or in receipt of, universal credit to whom the Regulations apply. Its definition of “housing costs element” provides that regulations 4 and 5 only apply to persons who are tenants and do not apply to owner-occupiers who receive universal credit with a housing costs element.

Regulation 2 allows persons to request to have universal credit payments made twice-monthly, where payments would be otherwise made less frequently. A person who has made that request can cancel it at any time. The Secretary of State may only refuse a request that it would be unreasonable to implement. If a request is refused the person must be told why.

Regulation 3 provides for persons entitled to request the flexibility to be advised that they can request to have universal credit paid twice-monthly, rather than monthly, unless the Secretary of State is already making, or proposing to make, payments with at least that frequency.

Regulation 4 allows Scottish universal credit applicants and recipients who are tenants to request to have universal credit payments made directly to persons to whom rent and service charges are due. The payments would be of universal credit so far as relating to the person’s liabilities for accommodation which that person rents. A person who has made that request can cancel it at any time. The Secretary of State may only refuse a request it would be unreasonable to implement. If a request is refused the person must be told why.

Regulation 5 provides for persons entitled to request the flexibility to be advised that they can request to have rent payments and service charge payments made directly, unless the Secretary of State has already made, or is proposing to make, arrangements for such payments.

Regulation 6 provides that these flexibilities only apply where the person’s application for an award of universal credit award is made on or after the date that these Regulations come into force and where that award will be administered on the Secretary of State’s digital service computer system. That system is currently being rolled out across Scotland. The flexibilities will also not apply to persons whose awards of universal credit are administered on that system solely as a result of being transferred to it from roll-out of the system, rather than entered on that system as the result of the making of an application.