Explanatory note

These Regulations amend the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230) (“the Principal Regulations”). They extend the cases, which are set out in regulation 6(2) of those Regulations, in which a person is a “universal credit claimant” and may not make a claim for income support, housing benefit or a tax credit. In particular, new regulation 6(2)(ba) provides for a person to be treated as a universal credit claimant during the six month period after an award of universal credit has come to an end, or a universal credit claim has been refused, because of the level of the claimant’s earned income. Regulation 6 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) provides for an award of universal credit to be made without a claim during this period, if the claimant’s circumstances change. A claimant will remain a “universal credit claimant” under regulation 6(2)(ba) if they have no change of circumstances and, after a change of circumstances, unless a decision is made that they are entitled to universal credit (in which case they would be a universal credit claimant under regulation 6(2)(a) of the Principal Regulations).

Provision is made for a claimant affected by these amendments to make, correct, or complete a claim for certain benefits after the date on which these Regulations come into force, if notification of intention to claim was given, or the claim was made, before that date.

An impact assessment has not been produced for this instrument as no impact on business or civil society organisations is foreseen.

An assessment has been made of the impact of the introduction of universal credit. Copies of the impact assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London SW1 9NA or from the DWP websitehttp://www.dwp.gov.uk/policy/welfare-reform/legislation-and-key-documents/welfare-reform-act-2012/impact-assessments-and-equality/.