The Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023

Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

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

(2) In regulation 9(1) (treatment of ongoing entitlement to certain benefits: benefit cap), for “the Universal Credit Regulations” substitute “the Claims and Payments Regulations”.

(3) In regulation 21(4)(b) (other claimants with limited capability for work: credit only cases), for “regulation 27(1)(b)” substitute “regulation 27(1)”.

(4) In regulation 53(10) (transitional element – total legacy amount), for “in respect of housing benefit” substitute “for housing benefit in respect of specified or temporary accommodation”.

(5) In Schedule 1 (modification of tax credits legislation – finalisation of tax credits), omit—

(a) paragraph 2(b);

(b) paragraph 25(a);

(c) paragraph 26(b);

(d) paragraph 27(b).

(6) In Schedule 2 (claimants previously entitled to a severe disability premium)—

(a) in paragraph 5(b)(i), for “if the higher SDP rate was payable” substitute “if the higher SDP rate is payable on the first day of the award and no person becomes a carer for either of them in the first assessment period”;

(b) renumber paragraph 8 as paragraph 8(1) and at the end insert—

“(2) In paragraph 5(b)(i), the reference to a person being a carer for another person is to the person being entitled to, and in receipt of, a carer’s allowance or having an award of universal credit which includes the carer element in respect of caring for that other person.”;

(c) after paragraph 8, insert—

“9.   For the purposes of paragraph 3(b) and 5(b)(i), paragraph 6(6) of Schedule 4 to the Employment and Support Allowance Regulations 2008(2) or, as the case may be, the corresponding provision in relation to income support or income-based jobseeker’s allowance, is to be disregarded.”.

(1)

S.I. 2014/1230, amended by S.I. 2014/1626, 2019/1152 and 2021/4.

(2)

S.I. 2008/794, amended by S.I. 2015/1754; there are other amending instruments but none is relevant.