Regulation 50 Secretary of State to determine whether transitional protection appliesF1

(1)

Before making a decision on a qualifying claim the Secretary of State must first determine whether—

(a)

a transitional capital disregard is to apply; or

(b)

a transitional element is to be included,

(or both) in the calculation of the award.

(2)

But the Secretary of State is not to determine whether a transitional element is to be included in a case F2where—

(a)

notified persons who were a couple for the purposes of an award of an existing benefit when the migration notice was issued are single persons or members of a different couple for the purposes of a claim for universal credit; or

(b)

notified persons who were single for the purposes of an award of an existing benefit when the migration notice was issued are a couple for the purposes of a claim for universal credit; or

(c)

notified persons who were members of a polygamous marriage for the purposes of an award of an existing benefit when the migration notice was issued are a couple or single persons for the purposes of a claim for universal credit.

F3(3)

A person who makes a claim for universal credit as a single person by virtue of regulation 3(3) of the Universal Credit Regulations is a single person for the purposes of paragraph (2)(a) and a member of a couple for the purposes of paragraph (2)(b).

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. 50(2) substituted (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), regs. 1(1), 6(2)
F3: Reg. 50(3) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/3), regs. 1(2), 6(7)