PART 3AMENDMENTS OF SECONDARY LEGISLATION
CHAPTER 1SOCIAL SECURITY BENEFITS
Amendment of the Universal Credit Regulations 201338
1
The Universal Credit Regulations 2013100 are amended as follows—
2
In regulation 3 (couples)—
a
in paragraph (1) after “whose partner does not meet all the basic conditions” insert “or is otherwise excluded from entitlement to universal credit”; and
b
in paragraph (3) at the end of sub-paragraph (c) omit “or” and at the end of sub-paragraph (d) insert—
; or
e
is a person to whom section 115 of the Immigration and Asylum Act 1999101 (exclusion from benefits) applies,
3
In regulation 13(1) (meaning of “undertaking a course”) after “education” insert “, study”.
4
In regulation 19(2)(a) (restrictions on entitlement-prisoners etc.) after “universal credit” insert “as a single person”.
5
In regulation 68(1) (person treated as having a student loan), in the first line, after “course” insert “of education, study or training”.
6
In regulation 83(1)(h) (exceptions from the benefit cap) for “sub-paragraph (b), (c), (d) or (e)” substitute “sub-paragraphs (b) to (g)”.
7
In regulation 111(4) (daily reduction rate) for “paragraphs (1) to (3)” substitute “paragraphs (1) and (2)”.
8
For regulation 114 (sanctionable failures under section 26 – work placement) substitute—
Sanctionable failures under section 26 – work placements114
1
A placement on the Mandatory Work Activity Scheme is a prescribed placement for the purpose of section 26(2)(a) of the Act (sanctionable failure not to comply with a work placement).
2
In paragraph (1) “the Mandatory Work Activity Scheme” means a scheme provided pursuant to arrangements made by the Secretary of State and known by that name that is designed to provide work or work-related activity for up to 30 hours per week over a period of 4 consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment.
9
For regulation 117 substitute—
The period of hardship payments117
1
A hardship payment is to be made in respect of a period which—
a
begins with the date on which all the conditions in regulation 116(1) are met; and
b
unless paragraph (2) applies, ends with the day before the normal payment date for the assessment period in which those conditions are met.
2
If the period calculated in accordance with paragraph (1) would be 7 days or less, it does not end on the date referred to in paragraph (1)(b) but instead ends on the normal payment date for the following assessment period or, if earlier, the last day on which the award is to be reduced under section 26 or 27 of the Act or under section 6B(5A), 7(2A) or 9(2A) of the Social Security Fraud Act 2001.
3
In this regulation “the normal payment date” for an assessment period is the date on which the Secretary of State would normally expect to make a regular payment of universal credit in respect of an assessment period in a case where payments of universal credit are made monthly in arrears.
10
In paragraph 2(1)(a) of Schedule 8 for “an in-patient” substitute “a patient”.