Regulation 21 Income from existing benefits

(1)

This regulation applies where—

(a)

an award of universal credit is made to joint claimants;

(b)

one of those claimants is a new claimant partner who was previously entitled to income-based jobseeker’s allowance, income-related employment and support allowance, or income support under section 124 of the Social Security Contributions and Benefits Act 1992 (“the relevant existing benefit”);

(c)

the award of the relevant existing benefit terminated on formation of the couple, or by virtue of regulation 16; and

(d)

a payment of that benefit is made which includes payment in respect of a period which falls within one or more assessment periods for universal credit (“the overlapping payment”).

(2)

Where this regulation applies, for the purposes of calculating the amount of the award of universal credit to the joint claimants in respect of an assessment period—

(a)

regulation 66 of the Universal Credit Regulations (What is included in unearned income?) applies as if the overlapping payment which was made in respect of that assessment period were added to the descriptions of unearned income in paragraph (1)(b) of that regulation; and

(b)

regulation 73 of the Universal Credit Regulations (Unearned income calculated monthly) does not apply to the overlapping payment.