Regulation 23 Transition from employment and support allowance

(1)

This regulation applies where—

(a)

an award of universal credit is made to joint claimants;

(b)

one of the claimants is a new claimant partner;

(c)

that person was previously entitled to employment and support allowance; and

(d)

the award of employment and support allowance—

(i)

terminated on formation of the couple or by virtue of regulation 16, in so far as it was an award of income-related employment and support allowance;

(ii)

continued in existence as an award of new style ESA, in so far as it was an award of contributory employment and support allowance.

(2)

In this regulation, the “relevant date” means—

(a)

in relation to an award to which paragraph (1)(d)(i) applies and paragraph (1)(d)(ii) does not apply, the date on which the award terminated; and

(b)

in relation to an award to which paragraph (1)(d)(ii) applies, or to which that paragraph and paragraph (1)(d)(i) both apply, the day before the first date of entitlement to universal credit.

(3)

Where, on or before the relevant date, it had been determined that the new claimant partner was entitled to 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

(b)

the new claimant partner is to be treated as having limited capability for work for the purposes of regulation 27(1)(a) of those Regulations and section 21(1)(a) of the Act.

(4)

Unless the assessment phase had not ended at the relevant date^f1, if a new claimant partner who is treated as having limited capability for work under paragraph (3) is entitled to an award of universal credit as a joint claimant—

(a)

regulation 28 of the Universal Credit Regulations (Period for which the LCW or LCWRA element is not to be included) does not apply; and

(b)

the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award with effect from the beginning of the first assessment period.

(5)

Where, on or before the relevant date, it had been determined that the new claimant partner was entitled to the support component—

(a)

regulation 27(3) of the Universal Credit Regulations does not apply; and

(b)

the new claimant partner is to be treated as having limited capability for work and work-related activity for the purposes of regulation 27(1)(b) of those Regulations and section 19(2)(a) of the Act.

(6)

Unless the assessment phase had not ended at the relevant date, if a new claimant partner who is treated as having limited capability for work and work-related activity under paragraph (5) is entitled to an award of universal credit—

(a)

regulation 28 of the Universal Credit Regulations does not apply; and

(b)

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.

(7)

Where a person is treated, by virtue of this regulation, as having limited capability for work or, as the case may be, limited capability for work and work-related activity, the Secretary of State may at any time make a fresh determination as to these matters, in accordance with the Universal Credit Regulations.

(8)

In this regulation and in regulations 24 to 28—

“assessment phase”, “support component” and “work-related activity component” have the same meanings as in the 2007 Act^f2;
“incapacity benefit” and “severe disablement allowance” have the same meanings as in Schedule 4 to that Act;
“LCW element” and “LCWRA element” have the same meanings as in the Universal Credit Regulations^f3.

Annotations

Footnotes

f1: In which case, see reg 24(3).
f2: See ss.4 and 24(2).
f3: See reg 27.