The Universal Credit (Transitional Provisions) Regulations 2013

Transition from other incapacity benefits: claimants approaching pensionable age

27.—(1) This paragraph applies where—

(a) an award of universal credit is made to joint claimants;

(b) one member of the couple is a new claimant partner;

(c) that person is entitled to incapacity benefit or severe disablement allowance(1);

(d) no notice may be issued to the new claimant partner under the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (“the 2010 Regulations”) because they will reach pensionable age (within the meaning of those Regulations) before 6^th April 2014(2); and

(e) the new claimant partner is also entitled to—

(i) personal independence payment, where neither the daily living component nor the mobility component is payable at the enhanced rate(3);

(ii) disability living allowance under section 71 of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”), where the care component is payable at the middle rate within the meaning of section 72(4) of that Act or the mobility component is payable at the lower rate within the meaning of section 73(11) of that Act (or both components are payable at those rates); or

(iii) attendance allowance under section 64 of the 1992 Act, where the allowance is payable at the lower rate in accordance with section 65 of that Act.

(2) Where paragraph (1) applies—

(a) regulation 27(3) of the Universal Credit Regulations (Award to include LCW and LCWRA elements) does not apply;

(b) the new claimant partner is to be treated as having limited capability for work for the purposes of regulation 27(1)(a) of the Universal Credit Regulations from the beginning of the first assessment period;

(c) regulation 28(1) of the Universal Credit Regulations (Period for which LCW or LCWRA element is not to be included) does not apply;

(d) the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(e) the new claimant partner is to be treated as having limited capability for work for the purposes of section 21(1)(a) of the Act.

(3) This paragraph applies where—

(a) an award of universal credit is made to joint claimants;

(b) one member of the couple is a new claimant partner;

(c) that person is entitled to incapacity benefit or severe disablement allowance;

(d) no notice may be issued to the new claimant partner under the 2010 Regulations because they will reach pensionable age (within the meaning of those Regulations) before 6^th April 2014; and

(e) the new claimant partner is also entitled to—

(i) personal independence payment, where either the daily living component or the mobility component is (or both components are) payable at the enhanced rate;

(ii) disability living allowance under section 71 of the 1992 Act, where the care component is payable at the highest rate within the meaning of section 72(4) of that Act or the mobility component is payable at the higher rate within the meaning of section 73(11) of that Act (or both components are payable at those rates); or

(iii) attendance allowance under section 64 of the 1992 Act, where the allowance is payable at the higher rate in accordance with section 65 of that Act.

(4) Where paragraph (3) applies—

(a) regulation 27(3) of the Universal Credit Regulations does not apply;

(b) the new claimant partner is to be treated as having limited capability for work and work-related activity for the purposes of regulation 27(1)(b) of the Universal Credit Regulations from the beginning of the first assessment period;

(c) regulation 28(1) of the Universal Credit Regulations does not apply;

(d) the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(e) the new claimant partner is to be treated as having limited capability for work and work-related activity for the purposes of section 19(2)(a) of the Act.

(1)

See reg 23(8).

(2)

See S.I. 2010/1907, reg 4(5)(a).

(3)

See the Act, ss. 78-80.