{
  "url": "https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016/regulation-51",
  "json_url": "https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016/regulation-51.json",
  "legislation": "nisr/2016/226",
  "legislation_title": "The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016",
  "path": "regulation/51",
  "kind": "regulation",
  "number": "51",
  "heading": "Department to determine whether transitional protection applies",
  "text": "(1) Before making a decision on a qualifying claim the Department must first determine whether—\n(a) a transitional capital disregard is to apply; or\n(b) a transitional element is to be included,\n(or both) in the calculation of the award.\n(2) But the Department is not to determine whether a transitional element is to be included in a case where-\n(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\n(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\n(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.\n(3) A person who makes a claim for universal credit as a single person by virtue of regulation 3(2) of the Universal Credit Regulations (Northern Ireland) is a single person for the purposes of paragraph (1)(a) and a member of a couple for the purposes of paragraph (1)(b).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Pt. 4 added (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(8)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 51(2) substituted (1.8.2022) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/194), regs. 1(1), 8(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 51(3) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(7)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2016/226/regulation/51",
    "retrieved_at": "2026-11-12T03:32:14.754663+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}