The Universal Credit (EEA Jobseekers) Amendment Regulations 2015

Statutory Instruments

2015 No. 546

Social Security

The Universal Credit (EEA Jobseekers) Amendment Regulations 2015

Made

5th March 2015

Laid before Parliament

9th March 2015

Coming into force

10th June 2015

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 4(5)(a) and 42(2) and (3) of, and paragraph 7 of Schedule 1 to, the Welfare Reform Act 2012(1), makes the following Regulations:

In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals for these Regulations need not be referred to it.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Universal Credit (EEA Jobseekers) Amendment Regulations 2015 and come into force on 10th June 2015.

(2) Where any amendment made by these Regulations applies in respect of an existing award of universal credit, that amendment has effect for the purposes of that award—

(a) on 10th June 2015, if there is an assessment period for that award that begins on that day; or

(b) if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award that begins after that day.

(3) In this section—

“assessment period” has the meaning given by section 7(2) of the Welfare Reform Act 2012; and

“existing award of universal credit” means an award of universal credit that exists on 10th June 2015.

Right to reside - EEA jobseekers

2.  Regulation 9 (persons treated as not being in Great Britain) of the Universal Credit Regulations 2013(2) is amended as follows—

(a) after paragraph (3)(a) omit the word “or”; and

(b) after paragraph (3)(a) insert–

“(aa) regulation 14 of the EEA Regulations(3), but only in cases where the right exists under that regulation because the person is–

(i) a qualified person for the purposes of regulation 6(1) of those Regulations as a jobseeker; or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; or”.

Work-related requirements – EEA jobseekers

3.  Regulation 92 (claimants subject to all work-related requirements – EEA jobseekers) of the Universal Credit Regulations 2013(4) is revoked.

Signed by authority of the Secretary of State for Work and Pensions

Mark Harper

Minister of State

Department for Work and Pensions

5th March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Universal Credit Regulations 2013 (S.I. 2013/376) (the “Universal Credit Regulations”) in relation to the entitlement to universal credit for nationals of European Economic Area states (“EEA nationals”) who are jobseekers or family members of jobseekers residing in the United Kingdom.

Regulation 2 amends regulation 9(3) of the Universal Credit Regulations which lists certain rights to reside that are disregarded for the purposes of determining whether a person is to be treated as being in Great Britain and therefore entitled to universal credit. Regulation 2 adds to this list the right of residence for jobseekers and family members of jobseekers under the Immigration (European Economic Area) Regulations 2006.

Regulation 3 revokes regulation 92 of the Universal Credit Regulations which provided that certain categories of EEA nationals who are awarded universal credit would always be subject to all work-related requirements. EEA nationals who continue to be entitled to universal credit will therefore be subject to work-related requirements on the same basis as all other universal credit claimants.

An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. The instrument has no impact on the public sector.

(1)

2012 c.5.

(2)

S.I. 2013/376. There are amendments which are not relevant to this instrument.

(3)

Relevant amending instruments are S.I. 2012/1547 and S.I. 2013/3032

(4)

Relevant amending instrument is S.I. 2014/902