The Universal Credit (Transitional Provisions) Regulations 2013

Transition from employment and support allowance before the end of the assessment phase

24.—(1) This regulation applies where—

(a) an award of universal credit is made to joint claimants;

(b) one of the claimants is a new claimant partner;

(c) that person was previously entitled to employment and support allowance; and

(d) the award of employment and support allowance—

(i) terminated on formation of the couple or by virtue of regulation 16, in so far as it was an award of income-related employment and support allowance;

(ii) continued in existence as an award of new style ESA, in so far as it was an award of contributory employment and support allowance.

(2) In this regulation, the “relevant date” means—

(a) in relation to an award to which paragraph (1)(d)(i) applies and paragraph (1)(d)(ii) does not apply, the date on which the award terminated; and

(b) in relation to an award to which paragraph (1)(d)(ii) applies, or to which that paragraph and paragraph (1)(d)(i) both apply, the day before the first date of entitlement to universal credit.

(3) Where, on the relevant date, the assessment phase(1) in relation to the person to whom it was awarded had lasted for less than 13 weeks—

(a) regulation 28(2) of the Universal Credit Regulations (Period for which the LCW or LCWRA element is not to be included) does not apply; and

(b) for the purposes of regulation 28 of those Regulations, the relevant period is the period of 13 weeks starting with the first day of the assessment phase.

(4) Where, on the relevant date, the assessment phase in relation to the person to whom it was awarded had not ended and had lasted for more than 13 weeks—

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

(b) if it is subsequently determined in accordance with Part 5 of those Regulations that the person has limited capability for work—

(i) the LCW element is (subject to the provisions of Part 4 of those Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(ii) for the purposes of determining the person’s entitlement to employment and support allowance prior to the relevant date, the person is to be treated as having been entitled to the work-related activity component from the day after the day on which the period referred to in paragraph (3)(b) ended;

(c) if it is subsequently determined in accordance with Part 5 of the Universal Credit Regulations that the person has limited capability for work and work-related activity—

(i) the LCWRA element is (subject to the provisions of Part 4 of those Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(ii) for the purposes of determining the person’s entitlement to employment and support allowance prior to the relevant date, the person is to be treated as having been entitled to the support component from the day after the day on which the period referred to in paragraph (3)(b) ended.

(1)

See reg 23(8).