Regulation 51 Department to determine whether transitional protection appliesF1

(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 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.

(F33)

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).

Annotations

Textual amendments

F1: 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)
F2: 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)
F3: 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)