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Version Superseded: 14/02/2018
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19A.—(1) Entitlement to universal credit does not arise in the first 7 days of the period in respect of which the claim is made if—
(a)on the first day of that period (“the relevant date”) the claimant, or either of joint claimants, falls within section 22 of the Act (claimants subject to all work-related requirements); and
(b)none of the exceptions in paragraph (3) applies.
(2) A claimant who may fall outside section 22 of the Act only because they have limited capability for work is to be taken to fall within that section for the purposes of this regulation.
(3) The exceptions are—
(a)where a new award of universal credit is made—
(i)to a single claimant as a consequence of a previous award having ended when the claimant ceased to be a member of a couple or to joint claimants as a consequence of two previous awards having ended when the claimants became a couple; or
(ii)in any other circumstances in which the assessment periods for that award are to begin on the same day of each month as the assessment periods for a previous award (see regulation 21); or
(b)where, on the relevant date, the claimant (or either of joint claimants)—
(i)is terminally ill;
(ii)has recently been a victim of domestic violence (as determined in accordance with regulation 98(2));
(iii)is a care leaver [F2or a person under the age of 22 who is claiming universal credit for the first time and was a care leaver before reaching the age of 18];
(iv)is aged 16 or 17 and without parental support (as determined in accordance with regulation 8(3));
(v)has been a prisoner within the month ending on the relevant date; F3...
(vi)has been entitled to a jobseeker’s allowance or an employment and support allowance within the 3 months ending on the relevant date.
[F3(vii)was entitled to a benefit mentioned in paragraph (1)(a) of regulation 16A (waiting days) of the Universal Credit (Transitional Provisions) Regulations 2014 at any time during the period of three months ending on the relevant date and ceased to be so entitled on starting paid work; or
(viii)does not fall within sub-paragraph (vii) and was entitled to a benefit mentioned in paragraph (1)(b) of regulation 16A (waiting days) of the Universal Credit (Transitional Provisions) Regulations 2014 at any time during the period of one month ending on the relevant date.]
(4) In order to determine whether a single claimant, or either of joint claimants, falls within section 22 of the Act for the purposes of this regulation, the definition of [F4monthly] earnings in regulation 90(6) is to be read as if the reference to the current assessment period were a reference to the month that would be the first assessment period of the award if paragraph (1) of this regulation did not apply.]
Textual Amendments
F1Reg. 19A inserted (3.8.2015) by The Universal Credit (Waiting Days) (Amendment) Regulations 2015 (S.I. 2015/1362), regs. 1, 2(1)(a)
F2Words in reg. 19A(3)(b)(iii) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 5
F3 Reg. 19A(3)(b)(vii)(viii) inserted and word omitted, applied (with modifications) by S.I. 2014/1230, reg. 16A(2) as inserted (3.8.2015) by The Universal Credit (Waiting Days) (Amendment) Regulations 2015 (S.I. 2015/1362), regs. 1, 2(2)
F4Word in reg. 19A substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(1), 2(3)
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