PART 2N.I.

CHAPTER 2N.I.EFFECT OF TRANSITION TO UNIVERSAL CREDIT

Transition from old style ESA before the end of the assessment phaseN.I.

20.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made or treated as made (“the relevant date”); and

(b)on the relevant date, the assessment phase in relation to the claimant applied and had lasted for less than 13 weeks.

(2) Where this regulation applies—

(a)regulation 29(2) of the Universal Credit Regulations (period for which the LCW or LCWRA element is not to be included) does not apply; and

(b)for the purposes of regulation 29 of those regulations, the relevant period is—

(i)the period of 13 weeks starting with the first day of the assessment phase, or

(ii)where regulation 5 of the ESA Regulations 2008 (the assessment phase – previous claimants) applied to the claimant, the period which ends when the sum of the periods for which the claimant was previously entitled to old style ESA and the period for which the claimant is entitled to universal credit is 13 weeks.

(3) Where, on the relevant date, the assessment phase in relation to the claimant applied and had not ended and had lasted for more than 13 weeks—

(a)regulation 29 of the Universal Credit Regulations does not apply;

(b)if it is subsequently determined in accordance with Part 5 of those Regulations that the claimant has limited capability for work the LCW element is (subject to the provisions of Part 4 of those regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(c)if it is subsequently determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work and work-related activity the LCWRA element is (subject to the provisions of Part 4 of those Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(4) For the purposes of this regulation, the fact that an assessment phase applied in relation to a claimant on the relevant date is to be taken into account even if the award of old style ESA subsequently terminated (in so far as it was an award of income-related employment and support allowance) before that date by virtue of an order made under Article 2(2) of the Order.

Commencement Information