OpenLegislation

The Universal Credit Regulations 2013

S.I. 2013/376 · Made 25 February 2013 · Extends to England, Wales and Scotland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 16 July 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 55(2)(b)words insertedThe Social Security (Miscellaneous Amendments) Regulations 2026 reg. 8(2)
reg. 76(1E)insertedThe Social Security (Miscellaneous Amendments) Regulations 2026 reg. 8(3)
reg. 76(1A)(f)word omittedThe Social Security (Income and Capital Disregards) (Amendment) Regulations 2026 reg. 6(2)(a)
reg. 76(1A)(h) and wordinsertedThe Social Security (Income and Capital Disregards) (Amendment) Regulations 2026 reg. 6(2)(b)

Social Security

Made 25th February 2013

Coming into force 29th April 2013

M1The Secretary of State for Work and Pensions makes the following regulations in exercise of the powers conferred by sections 2(2), 4(2), (3), (5), (6) and (7), 5, 6(1)(a) and (3), 7(2) and (3), 8(3), 9(2) and (3), 10(2) to (5), 11(3) to (5), 12(1), (3) and (4), 14(5), 15(2), 17(3) and (4), 18(3) and (5), 19(2)(d), (3) and (4), 20(1), 22(2), 24(1), (5) and (6), 25, 26(2)(a), (6) and (8), 27(4), (5), (9), 28, 32(1), 37(3) to (7), 39(3)(a), 40, 96 and 97 of, and paragraphs 1, 4, 5 and 7 of Schedule 1 and paragraphs 2 and 3 of Schedule 5 to, the Welfare Reform Act 2012 .

A draft of these Regulations has been laid before Parliament in accordance with section 43(3) of the Welfare Reform Act 2012 and approved by a resolution of each House of Parliament.

This instrument has not been referred to the Social Security Advisory Committee because it contains only regulations made by virtue of or consequential on Part 1 and sections 96 and 97 of, and Schedules 1 and 5 to, the Welfare Reform Act 2012 and is made before the end of the period of 6 months beginning with the coming into force of those provisions M2.C1C2

Annotations to the whole text

Marginal citations

M1

2012 c.5.

M2

See section 173(5) of the Social Security Administration Act 1992. The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made.

Modifications

C1

Regulations applied by S.I. 2014/1230, reg. 10A (as inserted (11.9.2018) by The Social Security (Treatment of Arrears of Benefit) Regulations 2018 (S.I. 2018/932), regs. 1, 8)

C2

Regulations modified (temp.) (8.4.2020) by The Social Security (Coronavirus) (Prisoners) Regulations 2020 (S.I. 2020/409), reg. 2(2)(e) (with reg. 6(2)) (as amended (12.5.2021) by The Social Security (Coronavirus) (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/476), regs. 1, 4(6))

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. The Benefit Unit
  5. 3Couples
  6. 4When a person is responsible for a child or qualifying young person
  7. 4AResponsibility for children looked after by a local authority
  8. 5Meaning of “qualifying young person”
  9. General
  10. 6Rounding
  11. Part 2: ENTITLEMENT
  12. 7Introduction
  13. Minimum age
  14. 8Cases where the minimum age is 16
  15. In Great Britain
  16. 9Persons treated as not being in Great Britain
  17. 10Crown servants and members of Her Majesty's forces posted overseas
  18. 11Temporary absence from Great Britain
  19. Receiving education
  20. 12Meaning of “receiving education”
  21. 13Meaning of “undertaking a course”
  22. 14Exceptions to the requirement not to be receiving education
  23. Accepting a claimant commitment
  24. 15Claimant commitment – date and method of acceptance
  25. 16Claimant commitment – exceptions
  26. Financial conditions
  27. 17Minimum amount
  28. 18Capital limit
  29. Restrictions on entitlement
  30. 19Restrictions on entitlement – prisoners etc.
  31. 19AWaiting Days Repealed
  32. Part 3: AWARDS
  33. 20Introduction
  34. 20AAwards Repealed
  35. 21Assessment periods
  36. 21AAssessment period cycle to remain the same following change in the first date of entitlement
  37. 22Deduction of income and work allowance
  38. 22AApportionment where re-claim delayed after loss of employment
  39. Part 4: ELEMENTS OF AN AWARD
  40. 23Introduction
  41. Responsibility for children or young persons
  42. 24The child element
  43. 24AAvailability of the child element where maximum exceeded Repealed
  44. 24BOrder of children and qualifying young persons Repealed
  45. Housing costs
  46. 25The housing costs element
  47. 26Amount of the housing costs element – renters and owner-occupiers
  48. Particular needs or circumstances - capability for work
  49. 27Award to include LCWRA element
  50. 27AMeaning of “pre-2026 claimant”
  51. 28Period for which the ... LCWRA element is not to be included
  52. Particular needs or circumstances – carers
  53. 29Award to include the carer element
  54. 30Meaning of “regular and substantial caring responsibilities for a severely disabled person”
  55. Particular needs or circumstances - childcare costs
  56. 31Award to include childcare costs element
  57. 32The work condition
  58. 33The childcare costs condition
  59. 34Amount of childcare costs element
  60. 34ACharges attributable to an assessment period
  61. 35Meaning of “relevant childcare”
  62. General
  63. 36Table showing amounts of elements
  64. 37Run-on after a death
  65. Part 5: CAPABILITY FOR WORK OR WORK-RELATED ACTIVITY
  66. 38Introduction
  67. 39Limited capability for work
  68. 40Limited capability for work and work-related activity
  69. 40ASevere conditions criteria claimant
  70. Work Capability Assessment
  71. 41When an assessment may be carried out
  72. 42Assessment - supplementary
  73. 43Information requirement
  74. 44Medical examinations
  75. Part 6: CALCULATION OF CAPITAL AND INCOME
  76. Chapter 1: CAPITAL
  77. 45Introduction
  78. 46What is included in capital?
  79. 47Jointly held capital
  80. 48Capital disregarded
  81. 49Valuation of capital
  82. 50Notional capital
  83. Chapter 2: EARNED INCOME
  84. 51Introduction
  85. 52Meaning of “earned income”
  86. 53Meaning of other terms relating to earned income
  87. 54Calculation of earned income - general principles
  88. 54ASurplus earnings
  89. 55Employed earnings
  90. 56Employee involved in trade dispute
  91. 57Self-employed earnings
  92. 57AUnused losses
  93. 58Permitted expenses
  94. 59Flat rate deductions for mileage and use of home and adjustment for personal use of business premises
  95. 60Notional earned income
  96. 61Information for calculating earned income – real time information etc.
  97. Gainful self-employment
  98. 62Minimum income floor
  99. 63Start-up period
  100. 64Meaning of “gainful self-employment”
  101. Chapter 3: UNEARNED INCOME
  102. 65Introduction
  103. 66What is included in unearned income?
  104. 67Meaning of “retirement pension income”
  105. 68Person treated as having student income
  106. 69Calculation of student income - student loans and postgraduate ... loans
  107. 70Calculation of student income - grants
  108. 71Calculation of student income - amount for an assessment period
  109. General
  110. 72Assumed yield from capital
  111. 73Unearned income calculated monthly
  112. 74Notional unearned income
  113. Chapter 4: MISCELLANEOUS
  114. 75Compensation for personal injury
  115. 76Special schemes for compensation etc.
  116. 77Company analogous to a partnership or one person business
  117. Part 7: THE BENEFIT CAP
  118. 78Introduction
  119. 79Circumstances where the benefit cap applies
  120. 80Manner of determining total entitlement to welfare benefits
  121. 80ARelevant amount
  122. 81Reduction of universal credit
  123. 82Exceptions - earnings
  124. 83Exceptions - entitlement or receipt of certain benefits
  125. Part 8: CLAIMANT RESPONSIBILITIES
  126. Chapter 1: WORK-RELATED REQUIREMENTS
  127. Introductory
  128. 84Introduction
  129. 85Meaning of terms relating to carers
  130. 86Nomination of responsible carer and responsible foster parent
  131. 87References to paid work
  132. 88Expected hours
  133. Work-related groups
  134. 89Claimants subject to no work-related requirements
  135. 90Claimants subject to no work-related requirements - the earnings thresholds
  136. 91Claimants subject to work-focused interview requirement only
  137. 91AClaimants subject to work preparation requirement Repealed
  138. 92Claimants subject to all work-related requirements - EEA jobseekers Repealed
  139. The work-related requirements
  140. 93Purposes of a work-focused interview
  141. 94Work search requirement - interviews
  142. 95Work search requirement - all reasonable action
  143. 96Work availability requirement - able and willing immediately to take up paid work
  144. 97Work search requirement and work availability requirement - limitations
  145. 98Victims of domestic violence
  146. 99Circumstances in which requirements must not be imposed
  147. Chapter 2: SANCTIONS
  148. 100Introduction
  149. Reduction periods
  150. 101General principles for calculating reduction periods
  151. 102Higher-level sanction
  152. 103Medium-level sanction
  153. 104Low-level sanction
  154. 105Lowest-level sanction
  155. When reduction to have effect
  156. 106Start of the reduction
  157. 107Reduction period to continue where award terminates
  158. 108Suspension of a reduction where fraud penalty applies
  159. 109When a reduction is to be terminated
  160. Amount of reduction
  161. 110Amount of reduction for each assessment period
  162. 111Daily reduction rate
  163. Miscellaneous
  164. 112Application of ESA or JSA sanctions to universal credit
  165. 113Failures for which no reduction is applied
  166. 114Sanctionable failures under section 26 - work placements
  167. Chapter 3: HARDSHIP
  168. 115Introduction
  169. 116Conditions for hardship payments
  170. 117The period of hardship payments
  171. 118The amount of hardship payments
  172. 119Recoverability of hardship payments
  173. Signature
  174. Schedule 1: Meaning of payments in respect of accommodation
  175. Part: General
  176. 1Interpretation
  177. Part: Rent payments
  178. 2Rent payments
  179. 3Payments excluded from being rent payments
  180. 3ASpecified accommodation
  181. 3BTemporary Accommodation
  182. Part: Owner-occupier payments
  183. 4Owner-occupier payments Repealed
  184. 5Meaning of “loan interest payments” Repealed
  185. 6Meaning of “alternative finance payments” Repealed
  186. Part: Service charge payments
  187. 7Service charge payments
  188. 8Additional conditions: social rented sector renters and owner-occupiers
  189. Schedule 2: Claimant treated as liable or not liable to make payments
  190. Part 1: Treated as liable to make payments
  191. 1Certain other persons liable to make payments
  192. 2Failure to pay by the person who is liable
  193. 3Payments waived in return for repair work
  194. 4Rent free periods
  195. Part 2: Treated as not liable to make payments
  196. 5Liability to make rent and other payments to close relative
  197. 6Liability to make rent and other payments to company
  198. 7Liability to make rent and other payments to a trust
  199. 8Liability to make owner-occupier and other payments to member of same household
  200. 9Arrears of payments
  201. 10Contrived liability
  202. Schedule 3: Claimant treated as occupying or not occupying accommodation
  203. Part 1: Treated as occupying accommodation
  204. 1The occupation condition: the general rule
  205. 2Croft land included in accommodation
  206. 3Claimant living in other accommodation during essential repairs
  207. 4Claimant housed in two dwellings by provider of social housing
  208. 5Moving home: adaptations to new home for disabled person
  209. 6Claimant living in other accommodation because of reasonable fear of violence
  210. 7Moving in delayed by adaptations to accommodation to meet disablement needs
  211. 8Moving into accommodation following stay in hospital or care home
  212. Part 2: Treated as not occupying accommodation
  213. 9Periods of temporary absence exceeding 6 months
  214. Schedule 4: Housing costs element for renters
  215. Part 1: General
  216. 1Introduction
  217. 2Interpretation
  218. 3“Relevant payments” for purposes of this Schedule
  219. Part 2: Exception to inclusion of housing costs element
  220. 4No housing costs element for 16 or 17 year old care leavers
  221. 4ANo housing costs element for certain renters aged at least 18 but under 22 Repealed
  222. 4BPersons to whom paragraph 4A does not apply – general Repealed
  223. 4CPersons to whom paragraph 4A does not apply – periods of work Repealed
  224. Part 3: General provisions about calculation of amount of housing costs element for renters
  225. 5Application of Part 3
  226. Payments taken into account
  227. 6Relevant payments to be taken into account
  228. 7Relevant payments calculated monthly
  229. Room allocation
  230. 8Size criteria applicable to the extended benefit unit of all renters
  231. 9Extended benefit unit of a renter for purposes of this Schedule
  232. 10Number of bedrooms to which a renter is entitled
  233. 11Temporary absence of member of renter's extended benefit unit
  234. 12Additional room
  235. Housing cost contributions
  236. 13Housing cost contributions
  237. 14Amount of housing cost contributions
  238. 15Exempt renters
  239. 16No deduction for housing cost contributions in respect of certain non-dependants
  240. Calculations involving more than one accommodation
  241. 17Single calculation for renter treated as occupying single accommodation
  242. 18Calculation where move to new accommodation delayed for adaptations for disabled person
  243. 19Calculation where renter moves out because of reasonable fear of violence
  244. Part 4: Private rented sector ...
  245. 20Application of Part 4
  246. 21Meaning of “temporary accommodation” Repealed
  247. The calculation of the housing costs element under this Part
  248. 22The amount of housing costs element under this Part
  249. 23Core rent
  250. 24Core rent for joint tenants
  251. 25Cap rent
  252. Further provisions about size criteria for cases to which this Part applies
  253. 26Four bedroom limit
  254. 27Specified renters entitled to shared accommodation only
  255. 28Meaning of “specified renters”
  256. 29Renters excepted from shared accommodation
  257. Part 5: Social rented sector ...
  258. 30Application of Part 5
  259. Amount taken into account as the relevant payment
  260. 31Deduction from relevant payments of amounts relating to use of particular accommodation
  261. 32Power to apply to rent officer if relevant payments excessive
  262. 32AReduction under tenant incentive scheme
  263. The calculation of the housing costs element under this Part
  264. 33The amount of housing costs element
  265. 34Determining the amount from which HCC deductions are to be made
  266. 35Determining the amount from which HCC deductions are to be made: joint tenants
  267. 36Under-occupancy deduction
  268. Schedule 5: Housing costs element for owner-occupiers
  269. Part 1: General
  270. 1Introduction
  271. 2Interpretation
  272. 3“Relevant payments” for purposes of this Schedule
  273. Part 2: Exception to inclusion of housing costs element
  274. 4No housing costs element where owner-occupier has any earned income
  275. Part 3: No housing costs element for qualifying period
  276. 5No housing costs element under this Schedule for qualifying period
  277. 6Application of paragraph 5: receipt of JSA and ESA
  278. 7Application of paragraph 5: joint owner-occupiers ceasing to be a couple
  279. Part 4: Calculation of amount of housing costs element for owner-occupiers
  280. 8Payments to be taken into account
  281. 9The amount of housing costs element
  282. 10Amount in respect of interest on loans Repealed
  283. 11Amount in respect of alternative finance arrangements Repealed
  284. 12Standard rate to be applied under paragraphs 10 and 11 Repealed
  285. 13Amount in respect of service charge payments
  286. Schedule 5A: Further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 27
  287. 1Further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 27
  288. 2Claimant is awaiting assessment under Part 5 before 6th April 2026
  289. 3Claimant with limited capability for work is awaiting reassessment under Part 5 before 6th April 2026
  290. 4Claimant with limited capability for work and work-related activity whose award does not include the LCWRA element on 6th April 2026
  291. 5Claimant entitled to an employment and support allowance before 6th April 2026
  292. Schedule 6: Assessment of whether a claimant has limited capability for work
  293. 1Physical Disabilities
  294. 2Mental, cognitive and intellectual function assessment
  295. Schedule 7Assessment of whether a claimant has limited capability for work and work-related activity
  296. Schedule 8: Circumstances in which a claimant is to be treated as having limited capability for work
  297. Part: Receiving certain treatments
  298. 1Paragraph 1
  299. Part: In hospital
  300. 2Paragraph 2
  301. Part: Prevented from working by law
  302. 3Paragraph 3
  303. Part: Risk to self or others
  304. 4Paragraph 4
  305. Part: Life threatening disease
  306. 5Paragraph 5
  307. Part: Disabled and over the age for state pension credit
  308. 6Paragraph 6
  309. Schedule 9: Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity
  310. Part: Terminal illness
  311. 1Paragraph 1
  312. Part: Pregnancy
  313. 2Paragraph 2
  314. Part: Receiving treatment for cancer
  315. 3Paragraph 3
  316. Part: Risk to self or others
  317. 4Paragraph 4
  318. Part: Disabled and over the age for state pension credit
  319. 5Paragraph 5
  320. Schedule 10: Capital to be disregarded
  321. Part: Premises
  322. 1Paragraph 1
  323. 2Paragraph 2
  324. 3Paragraph 3
  325. 4Paragraph 4
  326. 5Paragraph 5
  327. 6Paragraph 6
  328. Part: Business assets
  329. 7Paragraph 7
  330. 8Paragraph 8
  331. Part: Rights in pensions schemes etc
  332. 9Paragraph 9
  333. 10Paragraph 10
  334. 11Paragraph 11
  335. Part: Amounts earmarked for special purposes
  336. 12Paragraph 12
  337. 13Paragraph 13
  338. 14Paragraph 14
  339. 15Paragraph 15
  340. Part: Other payments
  341. 16Paragraph 16
  342. 17Paragraph 17
  343. 18Paragraph 18
  344. 18ZAParagraph 18ZA
  345. 18ZBParagraph 18ZB
  346. 18AParagraph 18A
  347. 19Paragraph 19
  348. 20Paragraph 20
  349. 21Paragraph 21
  350. 22Paragraph 22
  351. 23Paragraph 23
  352. 24Paragraph 24
  353. Schedule 11: Application of ESA or JSA sanctions to universal credit
  354. 1Moving an ESA sanction to UC
  355. 2Moving a JSA sanction to UC
  356. 3Effect of ESA or JSA sanction on escalation of UC sanction
  357. Schedule 12: Availability of the child element where maximum exceeded - exceptions
  358. 1...Introduction Repealed
  359. 2Multiple births Repealed
  360. 3Adoptions Repealed
  361. 4Non-parental caring arrangements Repealed
  362. 5Non-consensual conception Repealed
  363. 6Continuation of existing exception in a subsequent award Repealed
  364. Explanatory note