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

Textual Amendments

Ending of transitional protectionU.K.

Circumstances in which transitional protection ceasesU.K.

56.—(1) A transitional capital disregard or a transitional element does not apply in any assessment period to which paragraph (2) [F2, (3A)] or (4) applies, or in any subsequent assessment period.

  • Cessation of employment or sustained drop in earnings

(2) This paragraph applies to an assessment period [F3other than an assessment period in relation to an award of universal credit mentioned in regulation 60A(1) (waiver of upper age limit for claimants migrated from tax credits)] if the following condition is met—

(a)in the case of a single claimant—

(i)it is the assessment period after the third consecutive assessment period in which the claimant’s earned income is less than the amount specified in regulation 99(6)(a) of the Universal Credit Regulations (“the single administrative threshold”), and

(ii)in the first assessment period of the award, the claimant’s earned income was equal to or more than that threshold; or

(b)in the case of joint claimants—

(i)it is the assessment period after the third consecutive assessment period in which their combined earned income is less than the amount specified in regulation 99(6)(b) of the Universal Credit Regulations (“the couple administrative threshold”), and

(ii)in the first assessment period of the award, their combined earned income was equal to or more than that threshold.

[F4(3) For the purposes of paragraph (2)—

(a)references to the amount specified in regulation 99(6)(a) and 99(6)(b) respectively of the Universal Credit Regulations are to the amount that was applicable on the first day of the award; and

(b)a claimant is to be treated as having earned income that is equal to or more than the single administrative threshold and the couple administrative threshold respectively in any assessment period in respect of which regulation 62 (minimum income floor) of the Universal Credit Regulations applies to that claimant or would apply but for regulation 62(5) of those Regulations (minimum income floor not to apply in a start-up period).]

[F5(3A) This paragraph applies to an assessment period in relation to an award of universal credit mentioned in regulation 60A(1) (waiver of upper age limit for claimants migrated from tax credits) which—

(a)is not one of the first 12 assessment periods; and

(b)is the assessment period after the third consecutive assessment period in which the claimant’s earned income, (or, if the claimant is a member of a couple the couple’s combined earned income) is less than the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 16 hours a week converted to a monthly amount by multiplying by 52 and dividing by 12.]

  • Couple separating or forming

(4) This paragraph applies to an assessment period in which—

(a)joint claimants cease to be a couple or become members of a different couple; or

(b)a single claimant becomes a member of a couple, unless it is a case where the person may, by virtue of regulation 3(3) of the Universal Credit Regulations (claimant with an ineligible partner), claim as a single person.]

Textual Amendments