Explanatory note

These Regulations amend the Universal Credit Regulations 2013 (S.I. 2013/376) and the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230).

Regulation 2 substitutes a new paragraph (1)(b) in regulation 14 of the Universal Credit Regulations 2013, which sets out the exceptions to the requirement to meet the basic condition not to be receiving education. This provides that a person entitled to attendance allowance, disability living allowance, child disability payment or personal independence payment will be entitled to universal credit if they are determined to have limited capability for work (LCW) or limited capability for work and work-related activity (LCWRA) on a date before they started receiving education or they are treated as having LCW or LCWRA before that date. Paragraph (2) of regulation 14 of those Regulations, which contains an interpretation provision, is omitted as it is no longer needed.

Regulation 3 amends regulation 19 of the Universal Credit (Transitional Provisions) Regulations 2014. The amendments enable a person who transitions from income-related employment and support allowance to universal credit to be treated as having been determined to have LCW or LCWRA before the date the person started receiving education so that they will be entitled to universal credit.

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.