Regulation 4 Two week run-on of income support, income-based JSA and income-related ESA: amendment of the Universal Credit (Transitional Provisions) Regulations 2014

(1)

The Universal Credit (Transitional Provisions) Regulations 2014^f1 are amended as follows.

(2)

In regulation 5(2) (exclusion of entitlement to certain benefits)^f2 for sub-paragraph (a) substitute—

“(a)
to housing benefit in respect of specified accommodation or temporary accommodation;

(ab)
to housing benefit or income support where regulations 8(2A), 46(1) or 47(2) apply; or”.

(3)

In regulation 8 (termination of awards of certain existing benefits: other claimants)—

(a)

in paragraph (2) omit “income support or”; and

(b)

in paragraph (2A) omit the words “income support or” where they appear before “a tax credit” and insert them before “housing benefit”.

(4)

After regulation 8A insert—

“Effect on universal credit award of two week run-on of income support, income-based JSA and income-related ESA

8B.

In a case where an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance is to continue for two weeks after the commencement of an award of universal credit by virtue of regulation 8(2A), 46(1) or 47(2) or by virtue of regulation 5 (two week run-on of income-based JSA and income-related ESA: day appointed for abolition) of the Universal Credit (Managed Migration) Regulations 2018^f3—

(a)
regulation 79 of the Universal Credit Regulations applies as if the benefit in question was not included in the list of welfare benefits in section 96(10) of the Act (benefit cap); and

(b)
in a case where the claimant has become entitled to an award of new style JSA or new style ESA on the termination of an award of income-based jobseeker’s allowance or income-related employment and support allowance, the claimant is to be treated, for the purposes of regulation 73 of the Universal Credit Regulations (unearned income calculated monthly), as if they had been entitled to that award of new style JSA or new style ESA from the first day of the award of universal credit.”

(5)

In regulation 46 (termination of existing benefits if no claim before the deadline)—

(a)

in paragraph (1)(a) after “housing benefit” insert “income support, income-based jobseeker’s allowance or income-related employment and support allowance,”; and

(b)

in paragraph (1)(b) for “any other existing benefit” substitute “a tax credit”.

(6)

In regulation 47 (notified persons who claim as a different benefit unit)—

(a)

in paragraph (2)(a) after “housing benefit” insert “income support, income-based jobseeker’s allowance or income-related employment and support allowance,”; and

(b)

in paragraph (2)(b) for “any other existing benefit” substitute “a tax credit”.

(7)

In regulation 13(3) after “regulation 8” insert “, 46 or 47”.

Annotations

Footnotes

f1: Relevant amendments to those Regulations made by regulation 2 come into force on 16^th January 2019 and further amendments made by this regulation come into force on 22^nd July 2020.
f2: Regulation 5(2) was amended by S.I. 2014/1526 and 2018/65.
f3: S.I. 2018/