The Universal Credit (Transitional Provisions) Regulations 2014

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Revocation and saving of the Universal Credit (Transitional Provisions) Regulations 2013

3. PART 2 TRANSITION TO UNIVERSAL CREDIT

   1. CHAPTER 1 ENTITLEMENT TO CLAIM UNIVERSAL CREDIT

      1. 4. Secretary of State discretion to determine that claims for universal credit may not be made

      2. 4A. Restriction on claims for universal credit by persons entitled to a severe disability premium

   2. CHAPTER 2 ENTITLEMENT TO OTHER BENEFITS

      1. 5. Exclusion of entitlement to certain benefits

      2. 5A. Entitlement to universal credit and housing benefit: universal credit work allowance

      3. 6. Exclusion of claims for certain existing benefits

      4. 7. Termination of awards of certain existing benefits: new claimant partners

      5. 8. Termination of awards of certain existing benefits: other claimants

      6. 8A. Transitional housing payment

      7. 9. Treatment of ongoing entitlement to certain benefits: benefit cap

      8. 10. Treatment of overpayments

      9. 10A. Arrears of benefit disregarded as capital

      10. 10B. Arrears of maternity allowance disregarded as capital

      11. 11. Ongoing awards of tax credits

      12. 12. Modification of tax credits legislation: overpayments and penalties

      13. 12A. Modification of tax credits legislation: finalisation of tax credits

      14. 13. Appeals etc relating to certain existing benefits

      15. 14. Appeals etc relating to universal credit

   3. CHAPTER 3 EFFECT OF TRANSITION TO UNIVERSAL CREDIT

      1. 15. Modification of Claims and Payments Regulations in relation to universal credit claimants

      2. 16. Persons unable to act

      3. 16A. Waiting days

      4. 17. Advance payments of universal credit

      5. 18. Deductions from benefits

      6. 19. Transition from old style ESA

      7. 20. Transition from old style ESA before the end of the assessment phase

      8. 20A. Transition from jobseeker’s allowance following an extended period of sickness

      9. 21. Other claimants with limited capability for work: credits only cases

      10. 22. Transition from income support payable on the grounds of incapacity for work or disability and other incapacity benefits

      11. 23. Transition from other incapacity benefits: assessment under the 2010 Regulations

      12. 24. Transition from other incapacity benefits: claimants approaching pensionable age

      13. 25. Transition from other incapacity benefits: supplementary

      14. 26. Other claimants with incapacity for work: credits only cases where claimant is approaching pensionable age

      15. 27. Other claimants with incapacity for work: credits only cases

      16. 28. Meaning of “qualifying young person”

      17. 29. Support for housing costs

      18. 30. Sanctions: transition from old style ESA

      19. 31. Escalation of sanctions: transition from old style ESA

      20. 32. Sanctions: transition from old style JSA

      21. 33. Escalation of sanctions: transition from old style JSA

      22. 34. Sanctions: temporary return to certain existing benefits

      23. 35. Loss of benefit penalties: transition from existing benefits other than tax credits

      24. 36. Loss of benefit penalties: reduction of universal credit

      25. 37. Loss of benefit penalties: transition from working tax credit

      26. 38. Loss of benefit penalties: maximum total reduction

4. PART 3 ARRANGEMENTS REGARDING CHANGES TO THE CHILD ELEMENT FROM APRIL 2017

   1. 39. Restriction on claims for universal credit during the interim period

   2. 40. Availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons

   3. 41. Availability of the child element where maximum exceeded – continuation of exception from a previous award of child tax credit, income support or old style JSA

   4. 42. Evidence for non-consensual conception where claimant previously had an award of child tax credit

   5. 43. Abolition of higher amount of the child element for first child or qualifying young person – saving where claimant responsible for a child or qualifying young person born before 6th April 2017

5. PART 4 MANAGED MIGRATION TO UNIVERSAL CREDIT

   1. The Migration Process

      1. 44. Migration notice

      2. 45. Extension of the deadline day

      3. 46. Termination of existing benefits if no claim before the deadline

      4. 47. Notified persons who claim as a different benefit unit

   2. Transitional Protection

      1. 48. Meaning of “qualifying claim”

      2. 49. Meaning of “migration day”

      3. 50. Secretary of State to determine whether transitional protection applies

      4. 51. The transitional capital disregard

      5. 52. The transitional element

      6. 53. The transitional element - total legacy amount

      7. 54. The transitional element - indicative UC amount

      8. 55. The transitional element – initial amount and adjustment where other elements increase

   3. Ending of transitional protection

      1. 56. Circumstances in which transitional protection ceases

      2. 57. Application of transitional protection to a subsequent award

   4. Miscellaneous

      1. 58. Qualifying claim – Secretary of State may set later commencement day

      2. 59. Minimum income floor not to apply for first 12 months

      3. 60. Protection for full-time students until course completed

      4. 61. Rounding

      5. 62. Effect of revision, appeal etc. of an award of an existing benefit

      6. 63. Claimants previously entitled to a severe disability premium

      7. 64. Discretionary hardship payments

6. Signature

7. 1. SCHEDULE 1

      MODIFICATION OF TAX CREDITS LEGISLATION (FINALISATION OF TAX CREDITS)

      1. 1. Modifications to the Tax Credits Act 2002

      2. 2. In section 7 (income test)— (a) in subsection (3), before...

      3. 3. In section 17 (final notice)— (a) in subsection (1)—

      4. 4. In section 18 (decisions after final notice)—

      5. 5. In section 19 (power to enquire)— (a) in subsection (1)(a)...

      6. 6. In section 20 (decisions on discovery)— (a) in subsection (1),...

      7. 7. In section 21 (decisions subject to official error), for “18(1),...

      8. 8. In section 23 (notice of decisions)— (a) in subsection (1),...

      9. 9. In section 30(1) (underpayments), before “tax year” in each place...

      10. 10. In section 38 (appeals)— (a) in subsection (1)(b), before “tax...

      11. 11. Modifications to the Tax Credits (Definition and Calculation of Income) Regulations 2002

      12. 12. In regulation 2(2) (interpretation), after the definition of “the Macfarlane...

      13. 13. In regulation 3 (calculation of income of claimant)—

      14. 14. In regulation 4 (employment income)— (a) in paragraph (1)(a), before...

      15. 15. In regulation 5 (pension income)— (a) in paragraph (1), after...

      16. 16. In regulation 6 (trading income)— (a) re-number the existing regulation...

      17. 17. In regulation 7 (social security income)— (a) in paragraph (1),...

      18. 18. In regulation 8 (student income), after “in relation to a...

      19. 19. In regulation 10 (investment income)— (a) in paragraph (1), after...

      20. 20. In regulation 11(1) (property income)— (a) omit “annual”;

      21. 21. In regulation 12(1) (foreign income), before “year” insert “part tax”....

      22. 22. In regulation 13 (notional income), after “means income” insert “received...

      23. 23. In regulation 18 (miscellaneous income), after “means income” insert “received...

      24. 24. Modifications to the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002

      25. 25. In regulation 2 (interpretation)— (a) after the definition of “the...

      26. 26. In regulation 7(3) (determination of rate of working tax credit)—...

      27. 27. In regulation 8(3) (determination of rate of child tax credit)—...

      28. 28. Modifications to the Tax Credits (Claims and Notifications) Regulations 2002

      29. 29. In regulation 4 (interpretation), omit paragraph (b).

      30. 30. Omit regulation 11 (circumstances in which claims to be treated...

      31. 31. Omit regulation 12 (further circumstances in which claims to be...

      32. 32. In regulation 13 (circumstances in which claims made by one...

      33. 33. In regulation 15(1)(c) (persons who die after making a claim)—...

      34. 34. In regulation 33 (dates to be specified in notices)—

      35. 35. Modification to the Tax Credits (Payment by the Commissioners) Regulations 2002

      36. 36. Omit regulation 7 (prescribed circumstances for certain purposes).

      37. 37. Modification to the Tax Credits (Residence) Regulations 2003

      38. 38. In regulation 3(5)(a) (circumstances in which a person is treated...

   2. SCHEDULE 2

      Claimants previously entitled to a severe disability premium: transitional payments

      1. Determination by Secretary of State

         1. 1. Where it comes to the attention of the Secretary of...

         2. 2. The transitional SDP amount, calculated by reference to the date...

         3. 3. The Secretary of State must decide the manner in which...

         4. 4. If the LCWRA element is not included in the award...

         5. Conversion to a transitional element

            1. 5. In the first assessment period that begins on or after...

            2. 6. In respect of each subsequent assessment period, the award is...

         6. Capital disregard

            1. 7. Any amount paid as a lump sum as a consequence...

         7. Interpretation

            1. 8. In this Schedule— “the conversion day” is a day determined...

8. Explanatory Note