Regulation 29 Support for housing costs

(1)

Paragraph (2) applies where—

(a)

an award of universal credit (“the current award”) is made—

(i)

to a person who was previously entitled to income-based jobseeker’s allowance, income-related employment and support allowance or income support (“the earlier award”); or

(ii)

to a person who was the partner of a person falling within paragraph (i) immediately before the earlier award terminated, but is no longer their partner;

(b)

the earlier award terminated—

(i)

during the period of one month ending with the first date of entitlement to universal credit; or

(ii)

in the case of an award to joint claimants, on formation of the couple or by virtue of regulation 16; and

(c)

the earlier award included an amount in respect of housing costs under—

(i)

paragraphs 14 to 16 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996^f1 (“the 1996 Regulations”);

(ii)

paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations 2008^f2 (“the 2008 Regulations”); or, as the case may be,

(iii)

paragraphs 15 to 17 of Schedule 3 to the Income Support (General) Regulations 1987^f3 (“the 1987 Regulations”).

(2)

Where this paragraph applies, paragraph 5 of Schedule 5 to the Universal Credit Regulations (No housing costs element under this Schedule for qualifying period) does not apply to the person in respect of the current award.

(3)

Paragraph (4) applies where paragraph (1)(a) and (b) applies, but the earlier award did not include an amount in respect of housing costs because the person’s entitlement (or, as the case may be, their partner’s entitlement) was nil by virtue of—

(a)

paragraph 6(1)(c) or 7(1)(b) of Schedule 2 to the 1996 Regulations;

(b)

paragraph 8(1)(c) or 9(1)(b) of Schedule 6 to the 2008 Regulations; or, as the case may be,

(c)

paragraph 6(1)(c) or 8(1)(b) of Schedule 3^f4 to the 1987 Regulations.

(4)

Where this paragraph applies, the “qualifying period” for which paragraph 5 of Schedule 5 to the Universal Credit Regulations provides is to be reduced by—

(a)

the length of time during which the person (or, as the case may be, their partner) was continuously entitled to the earlier award, including the length of any period which was treated as a period of continuing entitlement under—

(i)

paragraph 13 of Schedule 2 to the 1996 Regulations^f5;

(ii)

paragraph 15 of Schedule 6 to the 2008 Regulations^f6; or, as the case may be,

(iii)

paragraph 14 of Schedule 3 to the 1987 Regulations^f7; and

(b)

the length of time (if any) between the date on which the earlier award terminated and the first date of entitlement to universal credit.

(5)

Where paragraph (4) applies, paragraph 6 of Schedule 5 to the Universal Credit Regulations (Application of paragraph 5: receipt of JSA and ESA) does not apply.

Annotations

Footnotes

f1: S.I. 1996/207. Para 15 was amended by S.I. 2008/2767; para 16 was amended by S.I. 2006/217 and 2006/2378. The Regulations have been modified in their application to certain claimants by S.I. 2008/3195, as amended by S.I. 2009/3257 and 2011/2425.
f2: S.I. 2008/794. The Regulations have been modified in their application to certain claimants by S.I. 2008/3195, as amended by S.I. 2009/3257.
f3: S.I. 1987/1967. Para 16 was amended by S.I. 2008/2767; para 17 was amended by S.I. 2006/217 and 2006/2378. The Regulations have been modified in their application to certain claimants by S.I. 2008/3195, as amended by S.I. 2009/3257.
f4: Para 6(1) and 8(1) were amended by S.I. 1995/2927.
f5: Para 13 was amended by S.I. 1996/1516, 1996/1517, 1996/2538, 1997/827, 1997/2863, 1998/2231, 1999/714, 1999/1921, 1999/2860, 2000/724, 2000/1978, 2001/488, 2001/1029, 2002/841, 2002/3019, 2005/2465, 2006/2378, 2008/698, 2008/1554, 2008/1826, 2008/2767, 2009/480, 2011/674 and 2011/2425. See also para 18(1)(c) of Sch 2.
f6: Para 15 was amended by S.I. 2008/2428, 2011/674, 2011/2425 and 2011/2428. See also para 20(1)(c) of Sch 6.
f7: Para 14 was amended by S.I. 1995/2927, 1996/206, 1996/1944, 1997/2863, 1998/2231, 1999/714, 1999/1921, 1999/3178, 2000/724, 2000/1981, 2001/488, 2001/1029, 2002/841, 2002/3019, 2005/2465, 2006/2378, 2008/698, 2008/1554, 2008/2428, 2008/2767 and 2011/674. See also S.I. 1996/206, reg 32.