The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

Transitional and savings provisions: General

8.—(1) The amendments made by regulations 4 and 5 and paragraphs 13, 16 and 17 of Schedule 1 do not apply—

(a) where a claimant has an award of universal credit in any of the circumstances in the following paragraphs; and

(b) for so long as the claimant continues to be entitled to universal credit and to have limited capability for work.

(2) For the purposes of sub-paragraph (1)(b), the reference to continuous entitlement to universal credit includes where an award has terminated and a further award is made and—

(a) immediately before the further award commences, the previous award has terminated because the claimant ceased to be a member of a couple or became a member of a couple; or

(b) within the six months beginning with the date that the further award commences, the previous award has terminated because the financial condition in section 5(1)(b) or, if it was a joint claim, section 5(2)(b), of the Welfare Reform Act 2012 was not met.

(3) In this Part—

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007(1);

“LCW element” and “LCWRA element” have the meanings in regulation 27 of the Universal Credit Regulations 2013(2) as it has effect apart from the amendments made by regulation 4(4) (which remove references to the LCW element);

“limited capability for work” has the meaning given in section 37(1) of the Welfare Reform Act 2012(3).

(4) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013(4) apply for the purpose of deciding the date on which a claim for universal credit is made or is to be treated as made.

(1)

2007 c. 5.

(2)

S.I. 2013/376.

(3)

2012 c. 5.

(4)

S.I. 2013/380.