OpenLegislation

Regulation 63A Claimants who have lost certain transitional protection because of errorF1

(1)

Paragraph (2) applies to a person who—

(a)

made a qualifying claim that did not result in an award because the Secretary of State could not verify their identity,

(b)

despite the qualifying claim, continued to receive old style ESA, and

(c)

has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Secretary of State notified them that they could do so for the purposes of this sub-paragraph.

(2)

The Secretary of State may, for the purposes of regulation 19(1)(a) or 20(1)(a), treat the person as having been entitled to old style ESA on the date on which the subsequent claim was made or treated as made.

(3)

Paragraph (4) applies to a person who—

(a)

made a qualifying claim that did not result in an award because the Secretary of State could not verify their identity,

(b)

despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included a severe disability premium, and

(c)

has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Secretary of State notified them that they could do so for the purposes of this sub-paragraph.

(4)

The Secretary of State may, for the purposes of paragraph 3(a) of Schedule 2, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium within the month immediately preceding the first day of the award of universal credit.

(5)

Paragraph (6) applies to a person who—

(a)

made a qualifying claim that did not result in an award because the Secretary of State could not verify their identity,

(b)

despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included an enhanced disability premium, a disability premium or a disabled child premium, and

(c)

has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Secretary of State notified them that they could do so for the purposes of this sub-paragraph.

(6)

The Secretary of State may—

(a)

for the purposes of paragraph 4(a) of Schedule 3, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included an enhanced disability premium,

(b)

for the purposes of paragraph 4(b) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disability premium, and

(c)

for the purposes of paragraph 4(c) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disabled child premium,

within the month immediately preceding the first day of the award of universal credit.

Annotations

Textual amendments

F1

Reg. 63A inserted (29.1.2026) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2026 (S.I. 2026/6), regs. 1(1), 2(3)

Notes on Part 4

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)

Notes on Miscellaneous

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)