The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019
S.I. 2019/10 · Made 11 January 2019
Social Security
Made 11th January 2019
Laid before Parliament 14th January 2019
Coming into force 16th January 2019
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 42(1) to (3) of, and paragraphs 1(1) and 3(1)(a) of Schedule 6 to, the Welfare Reform Act 2012f1.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992f2, the Social Security Advisory Committee has agreed that these Regulations should not be referred to it.
In accordance with section 176(1) of Social Security Administration Act 1992 and, in so far as these Regulations relate to housing benefit, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of the proposals for these Regulations.
Annotations to the whole text
Footnotes
Contents
- 1Citation and commencement
- 2Amendment of the Universal Credit (Transitional Provisions) Regulations 2014
- 3Consequential Amendments
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 and come into force on 16th January 2019.
2Amendment of the Universal Credit (Transitional Provisions) Regulations 2014
The Universal Credit (Transitional Provisions) Regulations 2014f1 are amended as follows.
In regulation 2 (interpretation) insert at the appropriate place in paragraph (1)—
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““severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations 2008f2 or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;”.
After regulation 4 insert—
“Restriction on claims for universal credit by persons entitled to a severe disability premium
4A.No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—
(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”
3Consequential Amendments
In article 5A(1) of the Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provision and Commencement No 8 and Savings and Transitional Provisions (Amendment)) Order 2013f1 before “39” insert “4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium) or regulation”.
In paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 21 and Transitional and Transitory Provisions) Order 2015f2 before “39” insert “4A or”.
In paragraph (2) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015f3 before “39” insert “4A or”.
Signature
Signed by authority of the Secretary of State for Work and Pensions
Alok Sharma
Minister of State for Employment
Department for Work and Pensions
11th January 2019
Explanatory note
(This note is not part of the Regulations)
These Regulations make provision restricting claims for universal credit by claimants who are, or have been, in receipt of an existing benefit that includes a severe disability premium.
Regulation 1 provides for citation and commencement.
Regulation 2 contains amendments to the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230, as amended).
Regulation 3 makes consequential amendments that enable those claimants who are prevented from claiming universal credit by virtue of regulation 2 to make a claim for an existing benefit.
An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.