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3.—(1) The 2003 Regulations are amended as follows.
(2) In regulation 2 (interpretation)—
(a)after the definition of “annuity contract” insert—
““assessment period” means the assessment period for the purposes of universal credit as specified in regulation 21 of the Universal Credit Regulations (assessment periods);”;
(b)after the definition of “child” insert—
““child element” means the child element of universal credit within the meaning of regulation 24(1) of the Universal Credit Regulations (the child element);”;
(c)after the definition of “claimant” insert—
““couple” has the meaning given in section 39 of the Welfare Reform Act 2012 (couples);”;
(d)after the definition of “disability element” insert—
““earned income” means a person’s earned income within the meaning of Chapter 2 of Part 6 of the Universal Credit Regulations (earned income);”;
(e)after the definition of “the income support regulations” insert—
““LCW element” relates to a limited capability for work and means the LCW element of universal credit as defined by regulation 27(1)(a) of the Universal Credit Regulations (award to include LCW and LCWRA elements);
“LCRWA element” relates to a limited capability for work and work related activity and means the LCWRA element of universal credit as defined by regulation 27(1)(b) of the Universal Credit Regulations (award to include LCW and LCWRA elements);”;
(f)in the definition of “qualifying young person” for “section 10(5) of the Welfare Reform Act 2012” substitute “regulation 5 of the Universal Credit Regulations (meaning of “qualifying young person”)”;
(g)in the definition of “single person” for “(bc)” substitute “(ba) and (bza)”; and
(h)after the definition of “universal credit” insert —
““the Universal Credit Regulations” means the Universal Credit Regulations 2013;”.
(3) In regulation 4(2) (description of persons entitled to full remission and payment)—
(a)in sub-paragraph (ba), at the end, insert—
“, either as a single person or as a member of a couple, where the universal credit award does not include—
(i)the child element;
(ii)the LCW element; or
(iii)the LCRWA element,
and either has no earned income or has earned income of £435 or less in the assessment period;
(bza)a person who is in receipt of universal credit, either as a single person or as a member of a couple, where the universal credit award includes one or more of—
(i)the child element;
(ii)the LCW element; or
(iii)the LCRWA element,
and either has no earned income or has earned income of £935 or less in the assessment period”;
(b)in sub-paragraph (bb), for “(ba)” substitute “(bza)”; and
(c)omit sub-paragraph (bc).
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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