Regulation 5 Exclusion of entitlement to certain benefits

United Kingdom

(1)

Except as provided in paragraph (2), a claimant is not entitled to—

(a)

income support;

(b)

housing benefit;

(c)

a tax credit; or

(d)

state pension credit F1... M1,

in respect of any period when the claimant is entitled to universal credit M2.

(2)

Entitlement to universal credit does not preclude the claimant from entitlement—

F2(a)

to housing benefit in respect of specified accommodation or temporary accommodation;

(ab)

to housing benefit or income support where regulation 8(2A) F3or 46(1) applies; F4...

(b)

during the first assessment period for universal credit, where the claimant is a new claimant partner, to—

(i)

income support, where an award to which the new claimant partner is entitled terminates, in accordance with regulation 7(4), after the first date of entitlement to universal credit;

(ii)

housing benefit, where regulation 7(5)(b) F5or (c) applies and an award of housing benefit to which the new claimant partner is entitled terminates after the first date of entitlement to universal credit; F6...

(iii)

a tax credit, where an award to which the new claimant partner is entitled terminates, in accordance with the 2002 Act, after the first date of entitlement to universal creditF7; or

(iv)

state pension credit, where an award to which the new claimant partner is entitled terminates after the first date of entitlement to universal credit; or

(c)

during the last assessment period for universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, to housing benefit or state pension credit from the date the claimant reaches that age

Annotations

Textual amendments

F1: Words in reg. 5(1)(d) omitted (25.11.2020) by virtue of The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 6(3)(a)
F2: Reg. 5(2)(a)(ab) substituted for reg. 5(2)(a) (22.7.2020) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(3), 4(2)
F3: Words in reg. 5(2)(ab) substituted (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 1(3)
F4: Word in reg. 5(2)(a) omitted (25.11.2020) by virtue of The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 6(3)(b)(i)
F5: Words in reg. 5(2)(b)(ii) inserted (25.11.2020) by The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 6(3)(b)(ii)
F6: Word in reg. 5(2)(b)(ii) omitted (25.11.2020) by virtue of The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 6(3)(b)(ii)
F7: Reg. 5(2)(b)(iv)(c) and word inserted (25.11.2020) by The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020 (S.I. 2020/655), regs. 1(2), 6(3)(b)(iii)

Marginal citations

M1: 2002 c.16.
M2: A person who is entitled to universal credit is not entitled to old style JSA or old style ESA (other than in certain circumstances where a person is a member of a couple at the time of entitlement), by virtue of S.I. 2013/983 (C.41), and other orders made under section 150(3) of the Act, which bring into force repeals of the legislation relating to those benefits.