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The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2020

S.I. 2020/827 · Made 3 August 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of a defect in S.I. 2013/376 and is being issued free of charge to all known recipients of that Statutory Instrument.

Social Security

Made 3rd August 2020

Laid before Parliament 4th August 2020

Coming into force 5th August 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 4(2) and 42(1) to (3) of the Welfare Reform Act 2012f1.

In accordance with section 173(1)(a) of the Social Security Administration Act 1992f2, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.

Annotations to the whole text

Footnotes

f1

2012 c. 5.

f2

1992 c. 5.

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Universal Credit Regulations 2013
  3. Signature
  4. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2020 and come into force on 5th August 2020.

(2)

These Regulations do not apply in relation to a claim for universal credit, or an award of universal credit without a claim, made before 5th August 2020.

2Amendment of the Universal Credit Regulations 2013

(1)

In regulation 14 (exceptions to the requirement not to be receiving education) of the Universal Credit Regulations 2013f1—

(a)

regulation 14 shall stand as paragraph (1);

(b)

for paragraph (1)(b) substitute—

“(b)

the person is entitled to attendance allowance, disability living allowance or personal independence payment and it has been determined—

(i)

that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 of these Regulationsf2 or Part 4 or 5 of the ESA Regulationsf3;

(ii)

that the person is to be treated as having limited capability for work under Schedule 8f4 or limited capability for work and work-related activity under Schedule 9;

(iii)

that the person is to be treated as having limited capability for work or limited capability for work and work-related activity under regulation 19(2)(b) or (4)(b) of the Universal Credit (Transitional Provisions) Regulations 2014f5,

and that determination was made on or before the date of claim to universal credit, where the person is receiving education on the date the claim is made, or the date on which the person starts receiving education, where the person starts receiving education after the date of claim to universal credit;”;

(c)

after paragraph (1)(f) insert—

“(2)

Where regulation 9(6)(a) or 9(10) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013f6 (award of universal credit without a claim) applies to a person who is receiving education, paragraph (1)(b) is to be read as if each reference to “date of claim” was a reference to “date of award”.”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson

Minister of State

Department for Work and Pensions

3rd August 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Universal Credit Regulations 2013 (S.I. 2013/376) (“the UC Regulations”).

Regulation 2 amends regulation 14 of the UC Regulations, which sets out the exceptions to the requirement to meet the basic condition not to be receiving education. Regulation 14(1)(b) is amended to clarify that a person entitled to attendance allowance, disability living allowance or personal independence payment will only be entitled to universal credit if they have been determined to have limited capability for work and that determination was made on or before the date of claim to universal credit, where the person is already receiving education on the date the claim is made, or before the date that the person starts receiving education, where the person starts receiving education after the date of claim to universal credit.

Provision is also made to read the reference to “date of claim” in regulation 14(1)(b) of the UC Regulations as a reference to “date of award” where a couple separates and an award is made without a claim to each of them as a single person and one of those persons is receiving education. The same applies where one member of a couple dies and the surviving member is receiving education.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.