Explanatory note

These Regulations amend the Universal Credit Regulations 2013 (S.I. 2013/376) (“the UC Regulations 2013”), the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) (“the PIP Regulations 2013”) and the Employment and Support Allowance Regulations 2013 (S.I. 2013/379) (“the ESA Regulations 2013”).

Regulations 2 and 4 amend regulation 41 of the UC Regulations 2013 and regulations 15 and 30 of the ESA Regulations 2013 respectively, which make provision for assessments to be carried out to determine if a person has limited capability for work or limited capability for work and work-related activity. Where there has been a previous determination, an assessment may be carried out if the Secretary of State wishes to determine if there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition. New paragraphs are inserted into those regulations making it clear that doing work for payment or in expectation of payment, or doing voluntary work, is not a relevant change of circumstances for that purpose.

Regulation 3 amends regulation 11 of the PIP Regulations 2013, which makes provision for fresh assessments to be carried out to re-determine if a claimant continues to have limited ability or severely limited ability to carry out either or both daily living activities or mobility activities in accordance with regulation 4. Regulation 11 gives the Secretary of State the power to do this for any reason and at any time. A new paragraph (2) is inserted which provides that doing work for payment or in expectation of payment, or doing voluntary work, will not be a reason for that purpose.

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