The Universal Credit (Transitional Provisions) Regulations 2014

PART 1 U.K. INTRODUCTORY

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Universal Credit (Transitional Provisions) Regulations 2014.

(2) These Regulations come into force on 16th June 2014.

Interpretation U.K.

2.—(1) In these Regulations—

“the 2002 Act” means the Tax Credits Act 2002 M1 ;

“the 2007 Act” means the Welfare Reform Act 2007 M2 ;

“the Act” means the Welfare Reform Act 2012;

“assessment period” has the same meaning as in the Universal Credit Regulations M3 ;

“the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 M4 ;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the 2007 Act M5 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;

F1 ...

“existing benefit” means income-based jobseeker's allowance, income-related employment and support allowance, income support, housing benefit and child tax credit and working tax credit under the 2002 Act, but see also regulation 25(2);

“First-tier Tribunal” has the same meaning as in the Social Security Act 1998 M6 ;

“housing benefit” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992 M7 ;

“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995 M8 ;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the 2007 Act M9 ;

“income support” means income support under section 124 of the Social Security Contributions and Benefits Act 1992;

“joint-claim jobseeker's allowance” means old style JSA, entitlement to which arises by virtue of section 1(2B) of the Jobseekers Act 1995 M10 ;

“new claimant partner” has the meaning given in regulation 7;

“new style ESA” means an allowance under Part 1 of the 2007 Act as amended by the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;

“new style JSA” means an allowance under the Jobseekers Act 1995 as amended by the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based allowance;

“old style ESA” means an employment and support allowance under Part 1 of the 2007 Act as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Act that remove references to an income-related allowance;

“old style JSA” means a jobseeker's allowance under the Jobseekers Act 1995 as that Act has effect apart from the amendments made by Part 1 of Schedule 14 to the Act that remove references to an income-based allowance;

“partner” in relation to a person (“A”) means a person who forms part of a couple with A M11 ;

[F2 “qualifying young person” has the same meaning as in the Universal Credit Regulations, but see also regulation 28;]

[F3 “specified accommodation” means accommodation to which one or more of sub-paragraphs (2) to (5) of paragraph 3A of Schedule 1 to the Universal Credit Regulations applies;]

“tax credit” (including “child tax credit” and “working tax credit”), “tax credits” and “tax year” have the same meanings as in the 2002 Act M12 ;

“the Universal Credit Regulations” means the Universal Credit Regulations 2013 M13 ;

“Upper Tribunal” has the same meaning as in the Social Security Act 1998.

(2) For the purposes of these Regulations—

(a) the date on which a claim for universal credit is made is to be determined in accordance with the Claims and Payments Regulations M14 ;

(b) where a couple is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations, as having made a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple;

(c) where a regulation refers to entitlement to an existing benefit on the date on which a claim for universal credit is made or treated as made, such entitlement is to be taken into account notwithstanding the effect of regulations 5, 7 and 8 or termination of an award of the benefit before that date by virtue of an order made under section 150(3) of the Act M15 .

Textual Amendments

F1 Words in reg. 2(1) omitted (3.11.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), reg. 1(3), 3(1)(a)

F2 Words in reg. 2 inserted (6.4.2017) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), regs. 1, 3(2)

F3 Words in reg. 2(1) inserted (3.11.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), reg. 1(3), 3(1)(b)

Marginal Citations

M1 2002 c.21.

M2 2007 c.5.

M3 See regulation 21.

M4 S.I. 2013/380, amended by S.I. 2013/443.

M5 See section 1(7).

M6 1998 c.14.

M7 1992 c.4.

M8 See section 1(4).

M9 See section 1(7).

M10 Subsection (2B) was inserted by the Welfare Reform and Pensions Act 1999 (c.30), Schedule 7, paragraph 2 and repealed by the Welfare Reform Act 2012 (“the Act”), Schedule 14, Part 1.

M11 See section 39 of the Act for the meaning of “couple”.

M12 See sections 1(1) and (2), 48(1) and 67.

M13 S.I. 2013/376.

M14 See regulation 10.

M15 See, in particular, S.I. 2013/983 (C.41).

Revocation and saving of the Universal Credit (Transitional Provisions) Regulations 2013 U.K.

3.—(1) The Universal Credit (Transitional Provisions) Regulations 2013 M16 (“the 2013 Regulations”) are revoked, subject to the savings in paragraphs (2) to (4).

(2) Chapters 2 and 3 of Part 2 (Pathfinder Group and treatment of invalid claims) of the 2013 Regulations continue to have effect in relation to a claim for universal credit—

(a) which was made before the date on which these Regulations come into force (“the commencement date”); and

(b) in respect of which no payment has been made to the claimant before the commencement date.

(3) Regulation 19 of the 2013 Regulations (advance payments of universal credit) continues to have effect in relation to an advance payment which was made in accordance with that regulation before the commencement date and regulation 17 of these Regulations does not apply to such a payment.

(4) Any other provision of the 2013 Regulations continues to have effect in so far as is necessary to give full effect to paragraphs (2) and (3).

Marginal Citations

M16 S.I. 2013/386, amended by S.I. 2013/591, 803 and 2070.