# The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016, Regulation 51: Department to determine whether transitional protection applies


(1) Before making a decision on a qualifying claim the Department 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 Department is not to determine whether a transitional element is to be included in a case where-
(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.
(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).

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Source: https://www.legislation.gov.uk/nisr/2016/226/regulation/51 (the official version)
Page: https://openlegislation.uk/universal-credit-transitional-provisions-regulations-northern-ireland-2016/regulation-51
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.