PART 6Assessment of household income and capital

CHAPTER 3Earned income

Unused losses (applicants with an award of universal credit)52.

(1)

For the purposes of regulation 51(2), an applicant has an unused loss if—

(a)

an applicant, or the applicant’s partner has, or the partners jointly have, an award of universal credit,

(b)

in calculating the applicant’s self-employed earnings for any of the previous assessment periods, the amount resulting from steps 1 to 3 in regulation 51(2) was a negative amount (a “loss”), and

(c)

the loss has not been extinguished in a subsequent assessment period.

(2)

For the purposes of paragraph (1)(b) a loss is extinguished if no amount of that loss remains after it has been deducted at step 5 in regulation 51(2).

(3)

Where—

(a)

an applicant or the applicant’s partner has, or the partners jointly have, an award of universal credit,

(b)

the Secretary of State has treated periods of time that pre-dated the award of universal credit as assessment periods under the award of universal credit in accordance with regulation 57A(3) of the 2013 Regulations (unused losses)161, and

(c)

the Secretary of State has shared relevant information relating to the applicant’s self-employed earnings with the relevant authority in accordance with section 131 of the 2012 Act,

a relevant authority may use such parts of that information as is relevant for the purposes of calculating an applicant’s self-employed earnings in an assessment period.