The Universal Credit and Miscellaneous Amendments Regulations 2015

Conversion of weekly earnings thresholds to monthly equivalents

2.—(1) The Universal Credit Regulations 2013(1) are amended as follows.

(2) In regulation 2 (interpretation), delete the definition of “weekly earnings” and insert in the appropriate place—

““monthly earnings” has the meaning in regulation 90(6);”.

(3) In regulations 19A(4) (waiting days) and 28(2)(a) (period for which the LCW or LCWRA element is not to be included), for “weekly” substitute “monthly”.

(4) In regulation 41 (when an assessment may be carried out)—

(a) in paragraph (2), for “weekly” substitute “monthly”; and

(b) in paragraph (3), at the end insert “, converted to a monthly amount by multiplying by 52 and dividing by 12”.

(5) In regulation 62(4) (minimum income floor)—

(a) delete “monthly”; and

(b) delete sub-paragraph (a).

(6) In regulation 90 (claimants subject to no work-related requirements – the earnings thresholds)—

(a) in paragraph (1), for “weekly” substitute “monthly”;

(b) in paragraph (2), at the end insert as closing words “, converted to a monthly amount by multiplying by 52 and dividing by 12”;

(c) in paragraph (3)—

(i) for “weekly” substitute “monthly”; and

(ii) in sub-paragraph (b)(ii), at the end insert “, converted to a monthly amount by multiplying by 52 and dividing by 12”;

(d) in paragraph (4)—

(i) for “weekly” substitute “monthly”; and

(ii) at the end, insert “, converted to a monthly amount by multiplying by 52 and dividing by 12”; and

(e) in paragraph (6)—

(i) for “A person’s weekly earnings are the person’s earned income taken as a weekly average by reference to”, substitute “A person’s monthly earnings are”;

(ii) in sub-paragraph (a), for “the amount of that” substitute “the person’s”;

(iii) in sub-paragraph (b), after “that income” insert “, calculated or estimated before any deduction for income tax, national insurance contributions or relievable pension contributions, taken as a monthly average”;

(iv) in sub-paragraph (b)(ii), for “weekly” substitute “monthly”; and

(v) at the end, insert as closing words—

“and the Secretary of State may, in order to enable monthly earnings to be determined more accurately, disregard earned income received in respect of an employment which has ceased”.

(7) For regulation 99(6) (circumstances in which requirements must not be imposed) substitute—

“(6) This paragraph applies where the claimant has monthly earnings or, if the claimant is a member of a couple, the couple has combined monthly earnings (excluding in either case any that are not employed earnings) that are equal to, or more than, the following amount multiplied by 52 and divided by 12—

(a) in the case of a single claimant, £5 plus the applicable amount of the personal allowance in a jobseeker’s allowance for a single person aged 25 or over (as set out in Part 1 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996); or

(b) in the case of claimant who is a member of a couple, £10 plus the applicable amount of the personal allowance in a jobseeker’s allowance for a couple where both members are aged 18 or over (as set out in that Part).”.

(8) In regulation 109 (when a reduction is to be terminated)—

(a) in paragraph (1)(a), for “26 weeks” substitute “six months”;

(b) in paragraph (1)(b), for “weekly” substitute “monthly”; and

(c) in paragraph (3), for “weekly” substitute “monthly” and delete “any week falling within”.

(9) In regulation 113(1)(g) (failures for which no reduction is applied)—

(a) for “weekly”, in both places it occurs, substitute “monthly”; and

(b) for “the level which the Secretary of State considers sufficient for the purposes of” substitute “the amount specified in”.

(10) In regulation 119(3) (recoverability of hardship payments)—

(a) for “weekly”, in both places it occurs, substitute “monthly”; and

(b) for “26 weeks” substitute “six months”.

(1)

S.I. 2013/376; relevant amending instruments are S.I. 2014/2888 and 2015/1362.