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Regulation 60A Waiver of upper age limit for claimants migrated from tax creditsF1F2

(1)

Where a qualifying claim is made by—

(a)

a single claimant who, at the time the migration notice is issued—

(i)

has reached the qualifying age for state pension credit;

(ii)

is entitled to an award of working tax credit; and

(iii)

is not entitled to an award of state pension credit; or

(b)

joint claimants both of whom satisfy the criteria in sub-paragraph (a)(i) to (iii) at the time the migration notice is issued,

then, subject to paragraphs (2) and (3), the condition in section 4(1)(b) of the Act (claimant has not reached the qualifying age for state pension credit) is not to apply for the purposes of determining entitlement to universal credit in respect of the qualifying claim or any award made in respect of that claim.

(2)

The reference in paragraph (1) to a person who is entitled to an award of working tax credit includes a person who meets the entitlement conditions for both that credit and child tax credit.

(3)

Paragraph (1) ceases to apply in respect of an award of universal credit mentioned in paragraph (1) in an assessment period in which—

(a)

a transitional element or transitional capital disregard would cease to apply by virtue of regulation 56 (circumstances in which transitional protection ceases) or regulation 57 (application of transitional protection to a subsequent award); or

(b)

a person who is entitled to an award of universal credit by virtue of paragraph (1) makes a claim for state pension credit.

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

Regs. 60A-60C 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(5)