Regulation 44 Migration noticeF1

United Kingdom

(1)

The Secretary of State may, at any time, issue a notice (“a migration notice”) to a person who is entitled to an award of an existing benefit—

(a)

informing the person that all awards of any existing benefits to which they are entitled are to terminate and that they will need to make a claim for universal credit; and

(b)

specifying a day (“the deadline day”) by which a claim for universal credit must be made.

(2)

The migration notice may contain such other information as the Secretary of State considers appropriate.

(3)

F2Subject to paragraphs (3A) F3, (3B) and (3E), the deadline day must not be within the period of three months beginning with the day on which the migration notice is issued.

(F43A)

F5... Where a migration notice is issued after cancellation of a previous migration notice or after cancellation of a tax credit closure notice the deadline day may be within such shorter period as the Secretary of State considers appropriate.

(F63B)

Where a migration notice is—

(a)

issued to a person who is entitled to an award of a tax credit; and

(b)

issued on or after 27th January 2025 and before 6th April 2025,

the deadline day may be 6th April 2025.

(F73C)

Paragraph (3E) applies where—

(a)

a migration notice is issued to a claimant who is entitled to an award of income-based jobseeker’s allowance, income-related employment and support allowance or income support, and

(b)

the deadline day specified in the notice would be after the appointed day for section 33(1)(a), (b) or (c) of the Act to come into force in relation to the award.

(3D)

Paragraph (3E) also applies where—

(a)

a migration notice is issued to a claimant who is entitled to an award of housing benefit but not to an award of a benefit to which paragraph (3C)(a) refers, and

(b)

the deadline day specified in the notice would be after the appointed day for section 33(1)(d) of the Act to come into force in relation to the award.

(3E)

Where this paragraph applies, the deadline day may be the appointed day.

(3F)

In paragraphs (3C) and (3D), the ‘appointed day’ in relation to an award is a day specified in an order made under section 150(3) of the Act which is not dependent on the making of a claim for universal credit, ignoring any provision in the order that has the effect that the appointed day does not apply when the day that would otherwise be the appointed day falls within a run-on period.

(3G)

In paragraph (3F)—

(a)

a reference to a claim for universal credit includes a reference to an award of universal credit made without a claim where an order under section 150(3) of the Act provides for that award to result in the appointment of a day for the coming into force of section 33(1)(a) or (b) in relation to the case of the award, and

(b)

‘run-on period’ means the two-week period mentioned in regulation 8(2A) or 46(1)(a) or in regulation 5(1) of the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019.

(4)

If the person who is entitled to an award of an existing benefit is, for the purposes of that award, a member of a couple or a member of a polygamous marriage, the Secretary of State must also issue the migration notice to the other member (or members).

(5)

The Secretary of State may cancel a migration notice issued to any person—

(a)

if it has been issued in error; F8or

F9(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.

(F105A)

In a case referred to in paragraph (5)(a) the Secretary of State may, instead of cancelling the migration notice, treat that notice as if it were a tax credit closure notice issued to that person and may treat the deadline day in the migration notice as if it were the deadline day in a tax credit closure notice.

(6)

A “notified person” is a person to whom a migration notice has been issued.

Annotations

Textual amendments

F1: Pt. 4 inserted (24.7.2019) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(2), 3(7) (with reg. 2)
F2: Words in reg. 44(3) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/3), regs. 1(2), 6(6)(a)
F3: Words in reg. 44(3) substituted (29.1.2026) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2026 (S.I. 2026/6), regs. 1(1), 2(2)(a)
F4: Reg. 44(3A) inserted (8.6.2024) by The Social Security (State Pension Age Claimants: Closure of Tax Credits) (Amendment) Regulations 2024 (S.I. 2024/611), regs. 1(1), 2(3)(a)
F5: Word in reg. 44(3A) omitted (27.1.2025) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/3), regs. 1(2), 6(6)(b)
F6: Reg. 44(3B) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/3), regs. 1(2), 6(6)(c)
F7: Reg. 44(3C)-(3G) inserted (29.1.2026) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2026 (S.I. 2026/6), regs. 1(1), 2(2)(b)
F8: Word in reg. 44(5)(a) inserted (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 1(7)(a)
F9: Reg. 44(5)(b) omitted (25.7.2022) by virtue of The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 1(7)(b)
F10: Reg. 44(5A) inserted (8.6.2024) by The Social Security (State Pension Age Claimants: Closure of Tax Credits) (Amendment) Regulations 2024 (S.I. 2024/611), regs. 1(1), 2(3)(b)