# The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Universal Credit Regulations (S.I. 2013/376) (“the UC Regulations”) and the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376).
Regulation 2 amends the Jobseeker’s Allowance Regulations 1996 to insert cross-references to additional conditions for the higher pensioner and disability premium, where a claimant is in receipt of personal independence payment or armed forces independence payment. The cross-references had previously been unintentionally omitted.
Regulation 3(2) and (6)(a) to (c) reverse the changes made by the Universal Credit Regulations (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017 (S.I. 2017/252) by removing the paragraphs in Schedule 4 to the UC Regulations which excluded certain claimants aged between 18 and 21 years of age from receiving the housing element of Universal Credit. The Universal Credit Regulations (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017 are revoked by regulation 4.
Regulation 3(3) amends the UC Regulations so claimants receive an additional child element for any child or qualifying young person cared for under a non-parental caring arrangement (kinship care) or who is adopted from local authority care, regardless of the position of the cared for or adopted child within the household. Claimants can therefore receive a child element for any children who are adopted or cared for, plus up to two children who do not qualify for an exception, plus any third or subsequent children who qualify for other exceptions (multiple birth or non-consensual conception). Regulation 3(4) simplifies the ordering provisions for children in the household. When calculating the maximum support available, payments for adopted or cared for children should now be additional payments, so those children should be disregarded when determining the order of children in a household. This means that the ordering can be simplified to refer only to date of birth.
Regulation 3(5) amends regulation 77 (company analogous to a partnership or one person business) of the UC Regulations to include an additional reference to relevant tax law, in order to maintain the existing alignment in the treatment of “off-payroll” workers (also known as IR35 or intermediary workers) in tax and Universal Credit, as employees rather than self-employed.
Regulation 3(6)(d) amends paragraph 29 of Schedule 4 (renters excepted from shared accommodation) to the UC Regulations to provide that foster carers are excepted from the one-bedroom shared accommodation rate in the private rented sector. This aligns the treatment of foster carers in the private rented sector with that of foster carers in the social rented sector.
Regulation 5 amends the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 to apply the changes made to regulations 24A and 24B of the UC Regulations to any awards of Income Support and Jobseeker’s Allowance that include an amount for a child or young person.
An impact assessment has not been produced for this instrument as it has no impact on business or on civil society organisations. This instrument has no impact on the public sector.

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Source: https://www.legislation.gov.uk/uksi/2018/1129/note (the official version)
Page: https://openlegislation.uk/universal-credit-and-jobseekers-allowance-miscellaneous-amendments-regulations-2018/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.