The Universal Credit (Transitional Provisions) Regulations 2013

Exclusion of entitlement to existing benefits

15.—(1) A person is not entitled to any benefit mentioned in paragraph (2) at any time when they are entitled to universal credit.

(2) The benefits are—

(a) income support under section 124 of the Social Security Contributions and Benefits Act 1992;

(b) housing benefit under section 130 of that Act;

(c) tax credits;

(d) state pension credit.

(3) A person who is entitled to universal credit may not make a claim for any benefit mentioned in paragraph (2)(a) to (c), even if, because of any of the provisions mentioned in paragraph (4), the claim is made or treated as made at a time when the person was not entitled to universal credit.

(4) The provisions are—

(a) regulation 6(1A)(b), (1F)(c), (3), (4ZC)(b), (16), (19), (28) or (30) of the Social Security (Claims and Payments) Regulations 1987(1) (“the 1987 Regulations”);

(b) regulation 83(5) or (12) of the Housing Benefit Regulations 2006(2) (“the 2006 Regulations”);

(c) regulation 64(6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(3) (“the 2006 (SPC) Regulations”);

(d) regulation 7, 8, 11(3) or 12(6) of the Tax Credits (Claims and Notifications) Regulations 2002(4) (“the 2002 Regulations”).

(5) For the purposes of paragraph (3)—

(a) the date on which a claim for income support is made or treated as made is to be determined in accordance with the 1987 Regulations;

(b) the date on which a claim for housing benefit is made or treated as made is to be determined in accordance with the 2006 Regulations or, as the case may be, the 2006 (SPC) Regulations;

(c) the date on which a claim for a tax credit is made or treated as made is to be the date on which the claim is received by a relevant authority at an appropriate office, within the meaning of the 2002 Regulations, or such other date on which it is treated as made under those Regulations.

(1)

S.I. 1987/1968. Para (1A) of reg 6 was inserted by S.I. 1997/793 and sub-para (b) was amended by S.I. 2009/1490; para (1F) was substituted by S.I.2009/1490; para (3) was inserted by S.I. 1988/522 and amended by S.I. 1988/1725, 1991/2284, 1997/793 and 1999/2572; para (4ZC) was inserted by S.I. 2000/1982 and sub-para (b) was amended by S.I. 2009/1490; para (16) was substituted by S.I. 2000/1596; para (19) was substituted by S.I. 2000/1596 and amended by S.I. 2002/428, 2006/2377 and 2007/2470; para (28) was amended by S.I. 2003/455; para (30) was inserted by S.I. 2002/428 and amended by S.I. 2007/2470.

(2)

S.I. 2006/213. Reg 83(5) has been amended by S.I. 2007/ 2911, 2008/2299 and 2008/1082.

(3)

S.I. 2006/214. Reg 64(6) has been amended by S.I. 2007/2911 and 2008/2299.

(4)

S.I. 2002/2014. Reg 7 has been amended by S.I. 2003/723, 2009/2887 and 2012/848; reg 8 was substituted by S.I. 2009/697 and has been amended by S.I. 2009/2887 and 2012/848; reg 11(3) was substituted by S.I. 2008/604 and has been amended by S.I. 2009/697 and 2010/751.