The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations 2020

Amendment of the Universal Credit (Transitional Provisions) Regulations 2014 E+W+S

6.—(1) The Universal Credit (Transitional Provisions) Regulations 2014 M1 are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1) at the appropriate places insert—

““the 2006 (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;”;

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

““qualifying age for state pension credit” has the meaning given by section 1(6) of the State Pension Credit Act 2002;”; and

““state pension credit” means state pension credit under the State Pension Credit Act 2002;”.

(3) In regulation 5 (exclusion of entitlement to certain benefits) M2 —

(a) in sub-paragraph (d) of paragraph (1) omit “under the State Pension Credit Act 2002”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), at the end omit “or”;

(ii) in paragraph (ii) of sub-paragraph (b), after “regulation 7(5)(b)” insert “ or (c) ” and at the end omit “or”;

(iii) at the end of paragraph (iii) of sub-paragraph (b) insert—

“; or

(iv) state pension credit, where an award to which the new claimant partner is entitled terminates after the first date of entitlement to universal credit; or

(c) during the last assessment period for universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, to housing benefit or state pension credit from the date the claimant reaches that age”.

(4) In regulation 6 (exclusion of claims for certain benefits) M3 —

(a) in sub-paragraph (b) of paragraph (4), for “the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (“the 2006 (SPC) Regulations”)” substitute “ the 2006 (SPC) Regulations ”;

(b) after paragraph (8) insert—

“(8A) A universal credit claimant is not precluded from making a claim for housing benefit under the 2006 (SPC) Regulations during the last assessment period for universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, in respect of entitlement arising from the date the claimant reaches that age.”.

(5) In regulation 7 (termination of awards of certain existing benefits: new claimant partners) M4 , in paragraph (5)—

(a) at the end of sub-paragraph (a) omit “or”;

(b) at the end of sub-paragraph (b) insert—

“; or

(c) the new claimant partner has reached the qualifying age for state pension credit and the award is made in accordance with the 2006 (SPC) Regulations”.

(6) In regulation 10, in sub-paragraph (c) of paragraph (3) for “the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006” substitute “ the 2006 (SPC) Regulations ”.

Commencement Information

I1 Reg. 6 in force at 25.11.2020, see reg. 1(2)

I2 Reg. 6 in force at 25.11.2020, see reg. 1(2)

Marginal Citations

M1 S.I. 2014/1230.

M2 Regulation 5 was amended by S.I. 2014/1626, 2018/65 and 2019/1152.

M3 Regulation 6 was amended by S.I. 2014/1626, 2015/1780 and 2018/65.

M4 Regulation 7 was amended by S.I. 2014/1626 and 2887, and 2018/65.