PART 6

Assessment of household income and capital
CHAPTER 3

Earned 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) , 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.
Regulation 57A was inserted by S.I. 2015/345 and was amended by S.I. 2018/65.
Reg. 52 in force at 1.4.2022, see reg. 1