Textual Amendments
F1Pt. 4 inserted (24.7.2019) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(2), 3(7) (with reg. 2)
44.—(1) The Secretary of State may, at any time, issue a notice (“a migration notice”) to a person who is entitled to an award of an existing benefit—
(a)informing the person that all awards of any existing benefits to which they are entitled are to terminate and that they will need to make a claim for universal credit; and
(b)specifying a day (“the deadline day”) by which a claim for universal credit must be made.
(2) The migration notice may contain such other information as the Secretary of State considers appropriate.
(3) The deadline day must not be within the period of three months beginning with the day on which the migration notice is issued.
[F2(3A) But where a migration notice is issued after cancellation of a previous migration notice or after cancellation of a tax credit closure notice the deadline day may be within such shorter period as the Secretary of State considers appropriate.]
(4) If the person who is entitled to an award of an existing benefit is, for the purposes of that award, a member of a couple or a member of a polygamous marriage, the Secretary of State must also issue the migration notice to the other member (or members).
(5) The Secretary of State may cancel a migration notice issued to any person—
(a)if it has been issued in error; [F3or]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.
[F5(5A) In a case referred to in paragraph (5)(a) the Secretary of State may, instead of cancelling the migration notice, treat that notice as if it were a tax credit closure notice issued to that person and may treat the deadline day in the migration notice as if it were the deadline day in a tax credit closure notice.]
(6) A “notified person” is a person to whom a migration notice has been issued.
Textual Amendments
F2Reg. 44(3A) inserted (8.6.2024) by The Social Security (State Pension Age Claimants: Closure of Tax Credits) (Amendment) Regulations 2024 (S.I. 2024/611), regs. 1(1), 2(3)(a)
F3Word in reg. 44(5)(a) inserted (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 1(7)(a)
F4Reg. 44(5)(b) omitted (25.7.2022) by virtue of The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 1(7)(b)
45.—(1) The Secretary of State may determine that the deadline day should be changed to a later day either—
(a)on the Secretary of State’s own initiative; or
(b)if a notified person requests such a change before the deadline day,
where there is a good reason to do so.
(2) The Secretary of State must inform the notified person or persons of the new deadline day.
46.—(1) Where a notified person has not made a claim for universal credit on or before the deadline day, all awards of any existing benefits to which the person is entitled terminate—
(a)in the case of housing benefit, [F6income support, income-based jobseeker’s allowance or income-related employment and support allowance,] on the last day of the period of two weeks beginning with the deadline day; and
(b)in the case of [F7a tax credit], on the day before the deadline day.
(2) An award of housing benefit to which a claimant is entitled in respect of specified accommodation or temporary accommodation does not terminate by virtue of this regulation.
(3) Where paragraph (1) applies and the notified person makes a claim for universal credit—
(a)after the deadline day; and
(b)on or before the final deadline specified in paragraph (4),
then, notwithstanding anything in regulation 26 of the Claims and Payments Regulations (time within which a claim for universal credit is to be made) as modified by regulation 15 of these Regulations, the award is to commence on the deadline day.
(4) The final deadline is the day that would be the last day of the first assessment period in relation to an award commencing on the deadline day.
F8(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F6Words in reg. 46(1)(a) inserted (22.7.2020) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(3), 4(5)(a)
F7Words in reg. 46(1)(b) substituted (22.7.2020) by The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(3), 4(5)(b)
F8Reg. 46(5) omitted (25.7.2022) by virtue of The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), reg. 1(1), Sch. para. 1(8)
F947. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Reg. 47 revoked (25.7.2022) by The Universal Credit (Transitional Provisions) Amendment Regulations 2022 (S.I. 2022/752), regs. 1(1), 6(1)