Regulation 28A Meaning of “pre-2026 claimant”F1

(1)

For the purposes of regulation 28, a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” if the claimant—

(a)

was entitled at any time before 6 April 2026 to an award of universal credit that included the LCWRA element, and

(b)

has been entitled to an award of universal credit that included the LCWRA element continuously from that time.

(F21A)

Schedule 5A sets out further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 28.

(2)

For the purpose of determining whether the claimant has been continuously entitled to an award of universal credit, no account is to be taken of any period of non-entitlement—

(a)

that begins because the financial condition in Article 10(1)(b) or (2)(b) of the Order ceases to be met, and

(b)

that ends within the period of six months beginning with the day on which that condition ceased to be met.

Annotations

Textual amendments

F1: Reg. 28A inserted (6.4.2026 with effect as in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), Sch. 2 para. 2(4)(10)
F2: Reg. 28A(1A) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by The Universal Credit and Employment and Support Allowance (Rates of Allowances) (Amendment and Modification) Regulations (Northern Ireland) 2026 (S.R. 2026/54), regs. 1(4), 3(2)