The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

Amendment of the Income Support (General) Regulations 1987

28.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 2(1) (interpretation)(2)—

(a) after the definition of “the Contributions and Benefits Act” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;”;

(b) for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and

(c) after the definition of “training allowance”, insert—

““universal credit” means universal credit under Part 1 of the 2012 Act;”.

(3) In regulation 14(2) (persons of a prescribed description)(3)—

(a) after sub-paragraph (c), omit “or”; and

(b) after sub-paragraph (d), insert—

“; or

(e) entitled to universal credit”.

(4) In regulation 31(2) (date on which income is treated as paid)—

(a) for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and

(b) for “on the day of the benefit week” substitute “on any day”.

(5) In regulation 40(6)(c) (calculation of income other than earnings)(4), after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act(5) as the case may be”.

(6) In regulation 75 (modifications in the calculation of income)(6), in paragraph (b), for “or employment and support allowance” substitute “, employment and support allowance or universal credit”.

(7) In Schedule 3 (housing costs)(7)—

(a) in paragraph 1, after sub-paragraph (3)(d) insert—

“; or

(e) who is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations”; and

(b) in paragraph 18—

(i) after sub-paragraph (7)(i) insert—

“(j) if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income”; and

(ii) after sub-paragraph (8) insert—

“(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013(8).”.

(8) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 7(9)—

(a) omit “or” after sub-paragraph (c); and

(b) after sub-paragraph (d), insert—

“; or

(e) universal credit”.

(9) In Schedule 10 (capital to be disregarded)(10), in paragraph 7—

(a) in sub-paragraph (1), after paragraph (d), insert—

“;

(e) universal credit”;

(b) in sub-paragraph (3)—

(i) for “or of an income-based jobseeker’s allowance”, in both places where it occurs, substitute “, an income-based jobseeker’s allowance or universal credit”;

(ii) in paragraph (a), for “either of” substitute “of any of”;

(iii) in paragraph (b), for “either” substitute “any”; and

(iv) after paragraph (b)(iii), insert—

“, or

(iv) in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum”.

(1)

S.I. 1987/1967.

(2)

Regulation 2(1) was amended by S.I. 2008/1554 and S.I. 2013/388; there are other amendments that are not relevant to these Regulations.

(3)

Regulation 14 was amended by S.I 2001/3070, 2006/718 and 2008/1554.

(4)

Section 40(6) was inserted by S.I. 2008/1554.

(5)

Section 11J was inserted by section 57 of the Welfare Reform Act 2012 (c.5).

(6)

Regulation 75(b) was amended by S.I. 1988/1445, 1995/482, 1996/206 and 2008/1554.

(7)

In Schedule 3, paragraph 1(3) was amended by S.I. 1995/2927, 2006/2378, 2008/1554 and 2012/913; paragraph 18(7) was amended by S.I. 2004/2327 and 2008/1554. There are other amendments to paragraph 18(7) that are not relevant to these Regulations.

(8)

SI 2013/376.

(9)

Schedule 9 paragraph 7 was amended by S.I.2008/3157; there are other amendments not relevant to these Regulations.

(10)

Paragraph 7(1) of Schedule 10 was amended by S.I.1991/2742, 2002/2380, 2008/698 and 2008/1554; paragraph 7(3) was amended by S.I. 2008/1554. There are other amendments that are not relevant to these Regulations.