C7C20C18C19C21C22Part 1Universal credit
Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.
C7CHAPTER 1Entitlement and awards
Introductory
C17I51C7I78I105I132I159I186I214I241I268I295I322I349I376I403I430I4581C7Universal credit
1
A benefit known as universal credit is payable in accordance with this Part.
2
Universal credit may, subject as follows, be awarded to—
C8a
an individual who is not a member of a couple (a “single person”), or
b
members of a couple jointly.
3
An award of universal credit is, subject as follows, calculated by reference to—
a
a standard allowance,
b
an amount for responsibility for children or young persons,
c
an amount for housing, and
d
amounts for other particular needs or circumstances.
2C7Claims
I52I79I106I133I160I187I215I242I269I296I323I350I377I404I431I4591
A claim may be made for universal credit by—
a
a single person, or
b
members of a couple jointly.
I122
Regulations may specify circumstances in which a member of a couple may make a claim as a single person.
Entitlement
I53C7I80I107I134I161I188I216I243I270I297I324I351I378I405I432I4603C7Entitlement
1
A single claimant is entitled to universal credit if the claimant meets—
a
the basic conditions, and
b
the financial conditions for a single claimant.
2
Joint claimants are jointly entitled to universal credit if—
a
each of them meets the basic conditions, and
b
they meet the financial conditions for joint claimants.
4C7Basic conditions
I54I81I108I135I162I189I217I244I271I298I325I352I379I406I433I4611
For the purposes of section 3, a person meets the basic conditions who—
C1a
is at least 18 years old,
b
has not reached the qualifying age for state pension credit,
C4c
is in Great Britain,
e
has accepted a claimant commitment.
I132
Regulations may provide for exceptions to the requirement to meet any of the basic conditions (and, for joint claimants, may provide for an exception for one or both).
I133
For the basic condition in subsection (1)(a) regulations may specify a different minimum age for prescribed cases.
I54I81I108I135I162I189I217I244I271I298I325I352I379I406I433I4614
For the basic condition in subsection (1)(b), the qualifying age for state pension credit is that referred to in section 1(6) of the State Pension Credit Act 2002.
I135
For the basic condition in subsection (1)(c) regulations may—
a
specify circumstances in which a person is to be treated as being or not being in Great Britain;
b
specify circumstances in which temporary absence from Great Britain is disregarded;
c
modify the application of this Part in relation to a person not in Great Britain who is by virtue of paragraph (b) entitled to universal credit.
I136
For the basic condition in subsection (1)(d) regulations may—
a
specify what “receiving education” means;
b
specify circumstances in which a person is to be treated as receiving or not receiving education.
I137
For the basic condition in subsection (1)(e) regulations may specify circumstances in which a person is to be treated as having accepted or not accepted a claimant commitment.
I1I55C7I82I109I136I163I190I218I245I272I299I326I353I380I407I434I462C155C7Financial conditions
1
For the purposes of section 3, the financial conditions for a single claimant are that—
a
the claimant's capital, or a prescribed part of it, is not greater than a prescribed amount, and
b
the claimant's income is such that, if the claimant were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
2
For those purposes, the financial conditions for joint claimants are that—
a
their combined capital, or a prescribed part of it, is not greater than a prescribed amount, and
b
their combined income is such that, if they were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
I56C7I83I110I137I164I191I219I246I273I300I327I354I381I408I435I4636C7Restrictions on entitlement
1
Entitlement to universal credit does not arise—
I2a
in prescribed circumstances (even though the requirements in section 3 are met);
b
if the requirements in section 3 are met for a period shorter than a prescribed period;
c
for a prescribed period at the beginning of a period during which those requirements are met.
2
A period prescribed under subsection (1)(b) or (c) may not exceed seven days.
I23
Regulations may provide for exceptions to subsection (1)(b) or (c).
Awards
7C7Basis of awards
I57I84I111I138I165I192I220I247I274I301I328I355I382I409I436I4641
Universal credit is payable in respect of each complete assessment period within a period of entitlement.
I142
In this Part an “assessment period” is a period of a prescribed duration.
I143
Regulations may make provision—
a
about when an assessment period is to start;
b
for universal credit to be payable in respect of a period shorter than an assessment period;
c
about the amount payable in respect of a period shorter than an assessment period.
I57I84I111I138I165I192I220I247I274I301I328I355I382I409I436I4644
In subsection (1) “period of entitlement” means a period during which entitlement to universal credit subsists.
I58C7I85I112I139I166I193I221I248I275I302I329I356I383I410I437I465C14C168C7Calculation of awards
1
The amount of an award of universal credit is to be the balance of—
a
the maximum amount (see subsection (2)), less
b
the amounts to be deducted (see subsection (3)).
2
The maximum amount is the total of—
a
any amount included under section 9 (standard allowance),
b
any amount included under section 10 (responsibility for children and young persons),
c
any amount included under section 11 (housing costs), and
d
any amount included under section 12 (other particular needs or circumstances).
I33
The amounts to be deducted are—
a
an amount in respect of earned income calculated in the prescribed manner (which may include multiplying some or all earned income by a prescribed percentage), and
b
an amount in respect of unearned income calculated in the prescribed manner (which may include multiplying some or all unearned income by a prescribed percentage).
4
In subsection (3)(a) and (b) the references to income are—
a
in the case of a single claimant, to income of the claimant, and
b
in the case of joint claimants, to combined income of the claimants.
Elements of an award
9C7Standard allowance
I59I86I113I140I167I194I222I249I276I303I330I357I384I411I438I4661
The calculation of an award of universal credit is to include an amount by way of an allowance for—
a
a single claimant, or
b
joint claimants.
I152
Regulations are to specify the amount to be included under subsection (1).
I153
Regulations may provide for exceptions to subsection (1).
10C7Responsibility for children and young persons
I60I87I114I141I168I195I223I250I277I304I331I358I385I412I439I4671
The calculation of an award of universal credit is to include an amount for each child or qualifying young person for whom a claimant is responsible.
F131A
But the amount mentioned in subsection (1) is to be available in respect of a maximum of two persons who are either children or qualifying young persons for whom a claimant is responsible.
I162
I163
Regulations are to specify, or provide for the calculation of, amounts to be included under subsection (1) or (2).
I164
Regulations may provide for exceptions to subsection (1) F16or (1A).
I165
In this Part, “qualifying young person” means a person of a prescribed description.
11C7Housing costs
I61C5C6I88I115I142I169I196I224I251I278I305I332I359I386I413I440C11I4681
The calculation of an award of universal credit is to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation they occupy as their home.
I61I88I115I142I169I196I224I251I278I305I332I359I386I413I440I4682
For the purposes of subsection (1)—
a
the accommodation must be in Great Britain;
b
the accommodation must be residential accommodation;
c
it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.
I173
Regulations may make provision as to—
a
what is meant by payments in respect of accommodation for the purposes of this section F17...;
b
circumstances in which a claimant is to be treated as liable or not liable to make such payments;
c
circumstances in which a claimant is to be treated as occupying or not occupying accommodation as their home (and, in particular, for temporary absences to be disregarded);
d
circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.
I17C94
Regulations are to provide for the determination or calculation of any amount to be included under this section.
I175
Regulations may—
a
provide for exceptions to subsection (1);
b
provide for inclusion of an amount under this section in the calculation of an award of universal credit—
i
to end at a prescribed time, or
ii
not to start until a prescribed time.
12C7Other particular needs or circumstances
I4I62I89I116I143I170I197I225I252I279I306I333I360I387I414I441I4691
The calculation of an award of universal credit is to include amounts in respect of such particular needs or circumstances of a claimant as may be prescribed.
I62I89I116I143I170I197I225I252I279I306I333I360I387I414I441I4692
The needs or circumstances prescribed under subsection (1) may include—
F9a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the fact that a claimant has limited capability for work and work-related activity;
c
the fact that a claimant has regular and substantial caring responsibilities for a severely disabled person.
I183
Regulations are to specify, or provide for the determination or calculation of, any amount to be included under subsection (1).
I184
Regulations may—
a
provide for inclusion of an amount under this section in the calculation of an award of universal credit—
i
to end at a prescribed time, or
ii
not to start until a prescribed time;
b
provide for the manner in which a claimant's needs or circumstances are to be determined.
C7CHAPTER 2Claimant responsibilities
Introductory
I63C7I90I117I144I171I198I226I253I280I307I334I361I388I415I442I47013C7Work-related requirements: introductory
1
This Chapter provides for the Secretary of State to impose work-related requirements with which claimants must comply for the purposes of this Part.
2
In this Part “work-related requirement” means—
a
a work-focused interview requirement (see section 15);
b
a work preparation requirement (see section 16);
c
a work search requirement (see section 17);
d
a work availability requirement (see section 18).
3
The work-related requirements which may be imposed on a claimant depend on which of the following groups the claimant falls into—
a
no work-related requirements (see section 19);
b
work-focused interview requirement only (see section 20);
c
work-focused interview and work preparation requirements only (see section 21);
d
all work-related requirements (see section 22).
I64C7I91I118I145I172I199I227I254I281I308I335I362I389I416I443I47114C7Claimant commitment
1
A claimant commitment is a record of a claimant's responsibilities in relation to an award of universal credit.
2
A claimant commitment is to be prepared by the Secretary of State and may be reviewed and updated as the Secretary of State thinks fit.
3
A claimant commitment is to be in such form as the Secretary of State thinks fit.
4
A claimant commitment is to include—
a
a record of the requirements that the claimant must comply with under this Part (or such of them as the Secretary of State considers it appropriate to include),
b
any prescribed information, and
c
any other information the Secretary of State considers it appropriate to include.
I55
For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.
Reduction of benefit
26C7Higher-level sanctions
I75I102I129I156I183I210I238I265I292I319I346I373I400I427I454I4821
The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
I75I102I129I156I183I210I238I265I292I319I346I373I400I427I454I4822
It is a failure sanctionable under this section if a claimant falling within section 22—
I10a
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work preparation requirement to undertake a work placement of a prescribed description;
b
fails for no good reason to comply with a requirement imposed by the Secretary of State under a work search requirement to apply for a particular vacancy for paid work;
c
fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;
d
by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.
I75I102I129I156I183I210I238I265I292I319I346I373I400I427I454I4823
It is a failure sanctionable under this section if by reason of misconduct, or voluntarily and for no good reason, a claimant falling within section 19 by virtue of subsection (3) of that section ceases paid work or loses pay so as to cease to fall within that section and to fall within section 22 instead.
I75I102I129I156I183I210I238I265I292I319I346I373I400I427I454I4824
It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—
a
for no good reason failed to take up an offer of paid work, or
b
by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay,
and at the time the award is made the claimant falls within section 22.
I75I102I129I156I183I210I238I265I292I319I346I373I400I427I454I4825
For the purposes of subsections (2) to (4) regulations may provide—
a
for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;
b
for loss of pay below a prescribed level to be disregarded.
I246
Regulations are to provide for—
a
the amount of a reduction under this section;
b
the period for which such a reduction has effect, not exceeding three years in relation to any failure sanctionable under this section.
I247
Regulations under subsection (6)(b) may in particular provide for the period of a reduction to depend on either or both of the following—
a
the number of failures by the claimant sanctionable under this section;
b
the period between such failures.
I248
Regulations may provide—
a
for cases in which no reduction is to be made under this section;
b
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
c
for the termination or suspension of a reduction under this section.
27C7Other sanctions
I76I103I130I157I184I211I239I266I293I320I347I374I401I428I455I4831
The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.
I76I103I130I157I184I211I239I266I293I320I347I374I401I428I455I4832
It is a failure sanctionable under this section if a claimant—
a
fails for no good reason to comply with a work-related requirement;
b
fails for no good reason to comply with a requirement under section 23.
I76I103I130I157I184I211I239I266I293I320I347I374I401I428I455I4833
But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 26.
I254
Regulations are to provide for—
a
the amount of a reduction under this section, and
b
the period for which such a reduction has effect.
I255
Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—
a
a period continuing until the claimant meets a compliance condition specified by the Secretary of State,
b
a fixed period not exceeding 26 weeks which is—
i
specified in the regulations, or
ii
determined in any case by the Secretary of State, or
c
a combination of both.
I76I103I130I157I184I211I239I266I293I320I347I374I401I428I455I4836
In subsection (5)(a) “compliance condition” means—
a
a condition that the failure ceases, or
b
a condition relating to future compliance with a work-related requirement or a requirement under section 23.
I76I103I130I157I184I211I239I266I293I320I347I374I401I428I455I4837
A compliance condition specified under subsection (5)(a) may be—
a
revoked or varied by the Secretary of State;
b
notified to the claimant in such manner as the Secretary of State may determine.
I76I103I130I157I184I211I239I266I293I320I347I374I401I428I455I4838
A period fixed under subsection (5)(b) may in particular depend on either or both the following—
a
the number of failures by the claimant sanctionable under this section;
b
the period between such failures.
I259
Regulations may provide—
a
for cases in which no reduction is to be made under this section;
b
for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;
c
for the termination or suspension of a reduction under this section.
I2628Hardship payments
1
Regulations may make provision for the making of additional payments by way of universal credit to a claimant (“hardship payments”) where—
a
the amount of the claimant's award is reduced under section 26 or 27, and
b
the claimant is or will be in hardship.
2
Regulations under this section may in particular make provision as to—
a
circumstances in which a claimant is to be treated as being or not being in hardship;
b
matters to be taken into account in determining whether a claimant is or will be in hardship;
c
requirements or conditions to be met by a claimant in order to receive hardship payments;
d
the amount or rate of hardship payments;
e
the period for which hardship payments may be made;
f
whether hardship payments are recoverable.
Administration
I45C729C7Delegation and contracting out
1
The functions of the Secretary of State under sections 13 to 25 may be exercised by, or by the employees of, such person as the Secretary of State may authorise for the purpose (an “authorised person”).
2
An authorisation given by virtue of this section may authorise the exercise of a function—
a
wholly or to a limited extent;
b
generally or in particular cases or areas;
c
unconditionally or subject to conditions.
3
An authorisation under this section—
a
may specify its duration;
b
may be varied or revoked at any time by the Secretary of State;
c
does not prevent the Secretary of State or another person from exercising the function to which the authorisation relates.
4
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State or (as the case may be) an officer of the Secretary of State.
5
Subsection (4) does not apply—
a
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
b
for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
6
Where—
a
the authorisation of an authorised person is revoked, and
b
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
C7CHAPTER 3Supplementary and general
Supplementary and consequential
I3330Supplementary regulation-making powers
Schedule 1 contains supplementary regulation-making powers.
I39I11I38I34I37I41I40I49I44C7I48531C7Supplementary and consequential amendments
Schedule 2 contains supplementary and consequential amendments.
I2732Power to make supplementary and consequential provision etc
1
The appropriate authority may by regulations make such consequential, supplementary, incidental or transitional provision in relation to any provision of this Part as the authority considers appropriate.
2
The appropriate authority is the Secretary of State, subject to subsection (3).
3
The appropriate authority is the Welsh Ministers for—
a
provision which would be within the legislative competence of the National Assembly for Wales were it contained in an Act of the Assembly;
b
provision which could be made by the Welsh Ministers under any other power conferred on them.
4
Regulations under this section may amend, repeal or revoke any primary or secondary legislation (whenever passed or made).
Universal credit and other benefits
33C7Abolition of benefits
1
The following benefits are abolished—
I77I104I131I158I185I212I240I267I294I321I348I375I402I429I456I484C12a
income-based jobseeker's allowance under the Jobseekers Act 1995;
I77I104I131I158I185I212I240I267I294I321I348I375I402I429I456I484C12b
income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007;
c
income support under section 124 of the Social Security Contributions and Benefits Act 1992;
d
housing benefit under section 130 of that Act;
I42e
council tax benefit under section 131 of that Act;
I457f
child tax credit and working tax credit under the Tax Credits Act 2002.
I77I104I131I158I185I212I240I267I294I321I348I375I402I429I456I484C122
In subsection (1)—
a
“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;
b
“income-related employment and support allowance” means an employment and support allowance entitlement to which is based on section 1(2)(b) of the Welfare Reform Act 2007.
I43I77I104I131I158I185I212I240I267I294I321I348I375I402I429I456I4843
Schedule 3 contains consequential amendments.
34C7Universal credit and state pension credit
Schedule 4 provides for a housing element of state pension credit in consequence of the abolition of housing benefit by section 33.
I35I50C735C7Universal credit and working-age benefits
Schedule 5 makes further provision relating to universal credit, jobseeker's allowance and employment and support allowance.
I36I48636Migration to universal credit
Schedule 6 contains provision about the replacement of benefits by universal credit.
General
37C7Capability for work or work-related activity
I461
For the purposes of this Part a claimant has limited capability for work if—
a
the claimant's capability for work is limited by their physical or mental condition, and
b
the limitation is such that it is not reasonable to require the claimant to work.
I462
For the purposes of this Part a claimant has limited capability for work-related activity if—
a
the claimant's capability for work-related activity is limited by their physical or mental condition, and
b
the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.
I283
The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.
I284
Regulations under this section must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.
I285
Regulations under this section may for the purposes of an assessment—
a
require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);
b
require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.
I286
Regulations under this section may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.
I287
Regulations under subsection (6) may provide for a claimant who fails to comply with a requirement imposed under subsection (5) without a good reason to be treated as not having limited capability for work or work-related activity.
I468
Regulations under subsection (6) may provide for a claimant to be treated as having limited capability for work until—
a
it has been determined whether or not that is the case, or
b
the claimant is under any other provision of regulations under subsection (6) treated as not having it.
I469
Regulations under this section may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under subsection (6) as having limited capability for work or work-related activity.
I47C738C7Information
Information supplied under Chapter 2 of this Part or section 37 is to be taken for all purposes to be information relating to social security.
I4839C7Couples
F5F11
In this Part “couple” means—
a
two people who are married to, or civil partners of, each other and are members of the same household; or
b
two people who are not married to, or civil partners of, each other but are living together F19as if they were a married couple or civil partners.
F2F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
For the purposes of this section regulations may prescribe—
I29a
I48b
I48c
circumstances in which people are to be treated as being or not being members of the same household.
I3040Interpretation of Part 1
In this Part—
“assessment period” has the meaning given by section 7(2);
“child” means a person under the age of 16;
“claim” means claim for universal credit;
“claimant” means a single claimant or each of joint claimants;
“couple” has the meaning given by section 39;
“disabled” has such meaning as may be prescribed;
“joint claimants” means members of a couple who jointly make a claim or in relation to whom an award of universal credit is made;
“limited capability for work” and “limited capability for work-related activity” are to be construed in accordance with section 37(1) and (2);
“prescribed” means specified or provided for in regulations;
“primary legislation” means an Act, Act of the Scottish Parliament or Act or Measure of the National Assembly for Wales;
“qualifying young person” has the meaning given in section 10(5);
“regular and substantial caring responsibilities” has such meaning as may be prescribed;
“responsible carer”, in relation to a child, has the meaning given in section 19(6);
“secondary legislation” means an instrument made under primary legislation”;
“severely disabled” has such meaning as may be prescribed;
“single claimant” means a single person who makes a claim for universal credit or in relation to whom an award of universal credit is made as a single person;
“single person” is to be construed in accordance with section 1(2)(a);
“work” has such meaning as may be prescribed;
“work availability requirement” has the meaning given by section 18(1);
“work preparation requirement” has the meaning given by section 16(1);
“work search requirement” has the meaning given by section 17(1);
“work-focused interview requirement” has the meaning given by section 15(1);
“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;
“work-related requirement” has the meaning given by section 13(2).
Regulations
I21341Pilot schemes
1
Any power to make—
a
regulations under this Part,
b
regulations under the Social Security Administration Act 1992 relating to universal credit, or
c
regulations under the Social Security Act 1998 relating to universal credit,
may be exercised so as to make provision for piloting purposes.
2
In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—
a
the extent to which the provision is likely to make universal credit simpler to understand or to administer,
b
the extent to which the provision is likely to promote—
i
people remaining in work, or
ii
people obtaining or being able to obtain work (or more work or better-paid work), or
c
the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.
3
Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme“.
4
A pilot scheme may be limited in its application to—
a
one or more areas;
b
one or more classes of person;
c
persons selected—
i
by reference to prescribed criteria, or
ii
on a sampling basis.
5
A pilot scheme may not have effect for a period exceeding three years, but—
a
the Secretary of State may by order made by statutory instrument provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding twelve months (and may make more than one such order);
b
a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.
6
A pilot scheme may include consequential or transitional provision in relation to its expiry.
I3142Regulations: general
1
Regulations under this Part are to be made by the Secretary of State, unless otherwise provided.
2
A power to make regulations under this Part may be exercised—
a
so as to make different provision for different cases or purposes;
b
in relation to all or only some of the cases or purposes for which it may be exercised.
3
Such a power includes—
a
power to make incidental, supplementary, consequential or transitional provision or savings;
b
power to provide for a person to exercise a discretion in dealing with any matter.
4
Each power conferred by this Part is without prejudice to the others.
5
Where regulations under this Part provide for an amount, the amount may be zero.
6
Where regulations under this Part provide for an amount for the purposes of an award (or a reduction from an award), the amount may be different in relation to different descriptions of person, and in particular may depend on—
a
whether the person is a single person or a member of a couple;
b
the age of the person.
7
Regulations under section 11(4) or 12(3) which provide for the determination or calculation of an amount may make different provision for different areas.
I3243Regulations: procedure
C101
Regulations under this Part are to be made by statutory instrument.
2
A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the negative resolution procedure, subject as follows.
3
A statutory instrument containing the first regulations made by the Secretary of State under any of the following, alone or with other regulations, is subject to the affirmative resolution procedure—
a
section 4(7) (acceptance of claimant commitment);
b
section 5(1)(a) and (2)(a) (capital limits);
c
section 8(3) (income to be deducted in award calculation);
d
section 9(2) and (3) (standard allowance);
e
section 10(3) and (4) (children and young persons element);
f
section 11 (housing costs element);
g
section 12 (other needs and circumstances element);
h
section 18(3) and (5) (work availability requirement);
i
section 19(2)(d) (claimants subject to no work-related requirements);
j
sections 26 and 27 (sanctions);
k
section 28 (hardship payments);
l
paragraph 4 of Schedule 1 (calculation of capital and income);
m
paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4, 5 and 6 of that Schedule.
4
A statutory instrument containing regulations made by the Secretary of State by virtue of section 41 (pilot schemes), alone or with other regulations, is subject to the affirmative resolution procedure.
5
A statutory instrument containing regulations made by the Secretary of State under this Part is subject to the affirmative resolution procedure if—
a
it also contains regulations under another enactment, and
b
an instrument containing those regulations would apart from this section be subject to the affirmative resolution procedure.
6
For the purposes of subsections (2) to (5)—
a
a statutory instrument subject to the “negative resolution procedure” is subject to annulment in pursuance of a resolution of either House of Parliament;
b
a statutory instrument subject to the “affirmative resolution procedure” may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
7
A statutory instrument containing regulations made by the Welsh Ministers under section 32 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.
Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(3) (as inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 10(b))