The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019

Savings U.K.

4.—(1) Subject to paragraph (2), the 2002 Act shall have effect as though section 4(1A) (exclusion of mixed-age couples from state pension credit) M1 had not come into force in relation to a member of a mixed-age couple who, on the day before the appointed day and as part of that couple, is entitled to—

(a) state pension credit;

(b) housing benefit; or

(c) state pension credit and housing benefit.

(2) The savings in the sub-paragraphs of paragraph (1) shall cease to have effect in relation to the member of the mixed-age couple referred to on any day after the appointed day when that person is not entitled to either state pension credit or housing benefit as part of the same mixed-age couple.

[F1 (3) Nothing in regulation 6A (restriction on claims for housing benefit, income support or a tax credit) of the Transitional Regulations prevents a claim for housing benefit by a member of a mixed-age couple referred to in paragraph (1) where—

(a) they have been issued with a migration notice;

(b) they make the claim for housing benefit within three months beginning with—

(i) in the case of a person who became entitled to universal credit by claiming before the final deadline, the day after their award of universal credit terminates; or

(ii) in the case of a person who did not claim universal credit, or claimed before the final deadline but was not entitled, the day after their award of housing benefit terminates; and

(c) they meet the conditions for entitlement to housing benefit on that day.

(4) Where a person mentioned in sub-paragraph (b)(i) of paragraph (3) claims—

(a) housing benefit; or

(b) state pension credit (whether or not they also claim housing benefit),

within three months beginning with the day mentioned in that sub-paragraph, any days on which they were entitled to universal credit are to be disregarded for the purposes of paragraph (2).

(5) In this article “Transitional Regulations” means the Universal Credit (Transitional Provisions) Regulations 2014 and “final deadline” and “migration notice” have the same meaning as in those Regulations.]

Textual Amendments

F1 Art. 4(3)-(5) inserted (8.6.2024 with effect from 8.6.2024) by The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions) (Amendment) Order 2024 (S.I. 2024/604), arts. 1(3), 2(2)

Marginal Citations

M1 Section 4 was amended by 2004 c. 33.