The Universal Credit (Transitional Provisions) Regulations 2014

Transition from other incapacity benefits

23.—(1) This regulation applies where—

(a) an award of universal credit is made to a claimant who is entitled to incapacity benefit or severe disablement allowance(1); and

(b) it is subsequently determined in accordance with the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010(2) that the award of incapacity benefit or severe disablement allowance qualifies for conversion into an award (“the converted award”) in accordance with regulation 7 of those Regulations (qualifying for conversion).

(2) Where this regulation applies and the converted award includes the work-related activity component—

(a) regulation 27(3) of the Universal Credit Regulations (award to include LCW and LCWRA elements) does not apply and, where a decision on the award of universal credit incorporates a determination which has already been made in accordance with that regulation, that decision is to be revised in accordance with this regulation;

(b) the claimant is to be treated as having had limited capability for work for the purposes of regulation 27(1)(a) of the Universal Credit Regulations from the beginning of the first assessment period;

(c) regulation 28(1) of those Regulations (period for which LCW or LCWRA element is not to be included) does not apply;

(d) the LCW 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; and

(e) the claimant is to be treated as having limited capability for work for the purposes of section 21(1)(a) of the Act.

(3) Where this regulation applies and the converted award includes the support component—

(a) regulation 27(3) of the Universal Credit Regulations does not apply and, where a decision on the award of universal credit incorporates a determination which has already been made in accordance with that regulation, that decision is to be revised in accordance with this regulation;

(b) the claimant is to be treated as having had limited capability for work and work-related activity for the purposes of regulation 27(1)(b) of the Universal Credit Regulations from the beginning of the first assessment period;

(c) regulation 28(1) of those Regulations does not apply;

(d) 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; and

(e) the claimant is to be treated as having limited capability for work and work-related activity for the purposes of section 19(2)(a) of the Act.

(1)

See regulation 19(8).

(2)

S.I. 2010/1907. Regulation 7 was amended by S.I. 2010/2430 and 2012/913.