[F1PART 4U.K.MANAGED MIGRATION TO UNIVERSAL CREDIT

Transitional ProtectionU.K.

The transitional element – initial amount and adjustment where other elements increaseU.K.

55.(1) The initial amount of the transitional element is—

(a)if the indicative UC amount is greater than nil, the amount by which the total legacy amount exceeds the indicative UC amount; or

(b)if the indicative UC amount is nil, the total legacy amount plus any amount by which the income which fell to be deducted in accordance with section 8(3) of the Act exceeded the maximum amount.

(2) The amount of the transitional element to be included in the calculation of an award is—

(a)for the first assessment period, the initial amount;

(b)for the second assessment period, the initial amount reduced by the sum of any relevant increases in that assessment period;

(c)for the third and each subsequent assessment period, the amount that was included for the previous assessment period reduced by the sum of any relevant increases (as in sub-paragraph (b)).

(3) If the amount of the transitional element is reduced to nil in any assessment period, a transitional element is not to apply in the calculation of the award for any subsequent assessment period.

(4) A “relevant increase” is [F2, subject to paragraph (5),] an increase in any of the amounts that are included in the maximum amount under sections 9 to 12 of the Act (including any of those amounts that is included for the first time), apart from the childcare costs element.]

[F3(5) In cases where the LCW element is replaced by the LCWRA element, the “relevant increase” is to be treated as the difference between the amounts of those elements.

(6) In this regulation, “LCW element” and “LCWRA element” have the same meaning as in regulation 2 of the Universal Credit Regulations.]

Textual Amendments

Modifications etc. (not altering text)

C1Reg. 55 modified (temp.) (with effect in accordance with reg. 3(2) of the amending S.I. (as amended by S.I. 2020/397), regs. 1, 2(1)) by The Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371), regs. 1(1), 3(3)