The Universal Credit (Transitional Provisions) Regulations 2014

[F1 Availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons U.K.

40.— (1) A child or qualifying young person for whom the claimant is responsible (“A”) is transitionally protected for the purposes of regulation 24A of the Universal Credit Regulations (availability of the child element where maximum exceeded) in the following circumstances.

(2) For the purposes of calculating an award of universal credit in respect of an assessment period in which the interim period begins or that falls wholly within the interim period, the circumstances are that—

(a) A was born before 6th April 2017; and

(b) there are at least two other children or qualifying young persons for whom the claimant (or either of joint claimants) is responsible who were born before 6th April 2017 and who precede A in the order determined by regulation 24B of the Universal Credit Regulations (order of children and qualifying young persons).

(3) For the purposes of calculating an award of universal credit in respect of an assessment period in which the interim period ends or that begins after the end of the interim period, the circumstances are that—

(a) A was born before 6th April 2017;

(b) the claimant (or either of joint claimants) meets the following condition in respect of A—

(i) on the last day of the interim period, the claimant was entitled to an award of universal credit (or was in a period of non-entitlement between connected awards) and was responsible for A; or

(ii) if paragraph (i) does not apply, within the 6 months immediately preceding the first day on which the claimant first became entitled to an award of universal credit after the interim period ended, the claimant was in receipt of an individual element of child tax credit for A or was entitled to an award of income support or old style JSA where an amount in respect of A was included in the applicable amount,

and since the day mentioned in paragraph (i) or (ii) (whichever is applicable), the claimant has not ceased to be responsible for A or ceased to be entitled to universal credit (apart from a period of non-entitlement between connected awards); and

(c) there are at least two other children or qualifying young persons born before 6th April 2017—

(i) in respect of whom the claimant (or either of joint claimants) meets the condition in sub-paragraph (b); and

(ii) who precede A in the order determined by regulation 24B of the Universal Credit Regulations.

(4) In paragraph (3)(b) two awards are connected awards if the later award was made—

(a) as a consequence of the earlier award having terminated when the claimant ceased to be a member of a couple or became a member of a couple; or

(b) in any other circumstances in which the assessment periods for the later award begin on the same day of each month as the assessment periods for the earlier award under regulation 21 of the Universal Credit Regulations (assessment periods).]

Textual Amendments

F1 Pt. 3 inserted (6.4.2017) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), regs. 1, 3(3)