OpenLegislation

Regulation 28 Period for which the ... LCWRA element is not to be includedF7C1C2C3C4C5C6C7C8C9C10C11C12C13

England, Wales and Scotland

C14C15C16C17C18C19C20C21(1)

An award of universal credit is not to include the F1... LCWRA element until the beginning of the assessment period that follows the assessment period in which the relevant period ends.

C22C23C24C25(2)

The relevant period is the period of three months beginning with—

(a)

if regulation 41(2) applies (claimant with F2monthly earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the F3... LCWRA element to be included in the award; or

(b)

in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

(3)

But where, in the circumstances referred to in paragraph (4), there has been a previous award of universal credit—

(a)

if the previous award included the F4... LCWRA element, paragraph (1) does not apply; and

(b)

if the relevant period in relation to that award has begun but not ended, the relevant period ends on the date it would have ended in relation to the previous award.

(4)

The circumstances are where—

(a)

immediately before the award commences, the previous award has ceased because the claimant ceased to be a member of a couple or became a member of a couple; or

(b)

within the six months before the award commences, the previous award has ceased because the financial condition in section 5(1)(b) (or, if it was a joint claim, section 5(2)(b)) of the Act was not met.

(5)

Paragraph (1) also does not apply if—

(a)

the claimant is terminally ill; or

(b)

the claimant—

(i)

is entitled to an employment and support allowance that includes the support component F5..., or

(ii)

was so entitled on the day before the award of universal credit commenced and has ceased to be so entitled by virtue of section 1A of the Welfare Reform Act 2007 M1 (duration of contributory allowance).

F6(6)

Paragraph (1) does not apply where a claimant has limited capability for work and it is subsequently determined that they have limited capability for work and work-related activity.

(7)

Where, by virtue of this regulation, the condition in section 5(1)(b) or 5(2)(b) of the Act is not met, the amount of the claimant's income (or, in the case of joint claimants, their combined income) is to be treated during the relevant period as such that the amount payable is the prescribed minimum (see regulation 17).

Annotations

Textual amendments

F1

Words in reg. 28(1) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 4(5)(a) (with Sch. 2 paras. 8-15)

F2

Word in reg. 28(2)(a) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 2(3)

F3

Words in reg. 28(2)(a) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 4(5)(a) (with Sch. 2 paras. 8-15)

F4

Words in reg. 28(3)(a) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 4(5)(a) (with Sch. 2 paras. 8-15)

F5

Words in reg. 28(5)(b)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 4(5)(b) (with Sch. 2 paras. 8-15)

F6

Reg. 28(6) inserted (29.6.2023) by The Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/543), regs. 1(1), 4

F7

Words in reg. 28 heading omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 4(5)(a) (with Sch. 2 paras. 8-15)

Marginal citations

M1

2007 c.5. Section 1A was inserted by section 51 of the Welfare Reform Act 2012.

Modifications

C1

Reg. 28 excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), regs. 1(2), 23(4)(a)(6)(a)

C2

Reg. 28 excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), regs. 1(2), 24(4)(a)

C3

Reg. 28 excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), regs. 1(2), 25(2)(a)(ii)

C4

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 21(3)

C5

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 27(2)(a)

C6

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 21(5)

C7

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 21(7)

C8

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 19(3)(a)

C9

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 27(2)(b)

C10

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 20(3)(4)

C11

Reg. 28 excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 19(5)(a)

C12

Reg. 28 excluded (cond.) by S.I. 2014/1230 reg. 26(4)(a) (as inserted (13.10.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), regs. 1(2), 5(4)(b))

C13

Reg. 28 excluded (cond.) by S.I. 2014/1230 reg. 26(4)(b) (as inserted (13.10.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), regs. 1(2), 5(4)(b))

C14

Reg. 28(1) excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), reg. 1(2), 26(2)(c)(3)(c)

C15

Reg. 28(1) excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), reg. 1(2), 27(2)(c)(4)(c)

C16

Reg. 28(1) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 26(2)(c)

C17

Reg. 28(1) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 24(4)

C18

Reg. 28(1) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 24(2)

C19

Reg. 28(1) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 23(2)

C20

Reg. 28(1) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 23(3)

C21

Reg. 28(1) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 26(3)(c)

C22

Reg. 28(2) excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), regs. 1(2), 24(3)(a)

C23

Reg. 28(2) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 21(6)

C24

Reg. 28(2) excluded (16.6.2014) by The Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230), regs. 1(2), 20(2)

C25

Reg. 28(2) excluded by S.I. 2014/1230 reg. 20A (as inserted (30.3.2015) by The Jobseeker s Allowance (Extended Period of Sickness) Amendment Regulations 2015 (S.I. 2015/339), regs. 1, 6)