The Universal Credit (Transitional Provisions) Regulations 2014

Exclusion of claims for certain existing benefits U.K.

6.—(1) Except as provided in paragraphs (5) to (9) a universal credit claimant may not make a claim for income support, housing benefit or a tax credit.

(2) For the purposes of this regulation, a person is a universal credit claimant if—

(a) the person is entitled to universal credit;

(b) the person has made a claim for universal credit, a decision has not yet been made on that claim and the person has not been informed (in accordance with an order made under section 150(3) of the Act) that he or she is not entitled to claim universal credit;

[F1 (ba) (i) the conditions in regulation 6(1)(a), (b) and (c) or 6(2)(a), (b) and (c) of the Claims and Payments Regulations (claims not required for entitlement to universal credit in certain cases) are met in relation to the person;

(ii) he or she may be entitled to an award of universal credit without making a claim if the conditions in regulation 6(1)(d) and (e) or, as the case may be, 6(2)(d) and (e) of those Regulations are also met; and

(iii) either the Secretary of State has no information in relation to the person which may indicate a change of circumstances as referred to in regulation 6(1)(e) or, as the case may be, 6(2)(e) of those Regulations, or the Secretary of State has such information but no decision has been made that the person is entitled to universal credit;]

(c) the person was previously entitled to a joint award of universal credit which terminated because the person ceased to be a member of a couple, he or she is not exempt (by virtue of regulation 9(6) of the Claims and Payments Regulations) from the condition of entitlement to universal credit that he or she makes a claim for it and the period of one month, starting with the date on which the person notified the Secretary of State that he or she had ceased to be a member of a couple, has not expired;

[F2 (ca) the person may be entitled to an award of universal credit in circumstances where, by virtue of regulation 9(6), (7) or (10) of the Claims and Payments Regulations (claims for universal credit by members of a couple), it is not a condition of entitlement that he or she makes a claim for it, but no decision has yet been made as to the person’s entitlement;]

(d) the person is treated, under the Claims and Payments Regulations, as having made a claim for universal credit, F3 ... but no decision has yet been made as to the person's entitlement;

(e) a decision has been made that the person is not entitled to universal credit and—

(i) the Secretary of State is considering whether to revise that decision under section 9 of the Social Security Act 1998, whether on an application made for that purpose, or on the Secretary of State's own initiative; or

(ii) the person has appealed against that decision to the First-tier Tribunal and that appeal or any subsequent appeal to the Upper Tribunal or to a court has not been finally determined.

(3) For the purposes of paragraph (1)—

(a) a universal credit claimant makes a claim for benefit mentioned in that paragraph if the claimant takes any action which results in a decision on a claim being required under the relevant Regulations; and

(b) except as provided in [F4 paragraphs (5) to (7B)], it is irrelevant that the effect of any provision of the relevant Regulations is that, for the purposes of those Regulations, the claim is made or treated as made at a time when the claimant was not a universal credit claimant.

(4) The relevant Regulations are—

(a) in relation to a claim for income support, the Social Security (Claims and Payments) Regulations 1987 M1 (“the 1987 Regulations”);

(b) in relation to a claim for housing benefit, the Housing Benefit Regulations 2006 M2 (“the 2006 Regulations”) or, as the case may be, the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M3 (“the 2006 (SPC) Regulations”);

(c) in relation to a claim for a tax credit, the Tax Credits (Claims and Notifications) Regulations 2002 M4 .

(5) A universal credit claimant is not precluded from making a claim for income support if—

(a) first notification of the claimant's intention to make that claim was made, or deemed to be made, for the purposes of regulation 6(1A)(c) [F5 or 6A] of the 1987 Regulations M5 , before the date on which the claim for universal credit was made or treated as made; and

(b) in accordance with the 1987 Regulations, the claimant's entitlement to income support in connection with the claim will (if the claimant is entitled to income support) pre-date—

(i) the date, or anticipated date, of the claimant's entitlement to universal credit in connection with the current award or claim; or

(ii) where the claimant is a new claimant partner and regulation 7(4) would apply to the award, the date on which it would terminate in accordance with that provision.

(6) A universal credit claimant is not precluded from making a claim for housing benefit if—

(a) first notification of the claimant's intention to make that claim was given (within the meaning of regulation 83(5)(d) of the 2006 Regulations M6 or, as the case may be, regulation 64(6)(d) of the 2006 (SPC) Regulations M7 ) before the date on which the claim for universal credit was made or treated as made; and

(b) in accordance with the 2006 Regulations or, as the case may be, the 2006 (SPC) Regulations, the claimant's entitlement to housing benefit in connection with the claim will (if the claimant is entitled to housing benefit) pre-date—

(i) the date, or anticipated date, of the claimant's entitlement to universal credit in connection with the current award or claim; or

(ii) where the claimant is a new claimant partner and regulation 7(5)(b) would apply to the award, the date on which it would terminate in accordance with the 2006 Regulations or, as the case may be, the 2006 (SPC) Regulations.

(7) A universal credit claimant is not precluded from correcting or completing a claim for housing benefit which was defective within the meaning of the 2006 Regulations or the 2006 (SPC) Regulations if—

(a) the defective claim was made before the date on which the claim for universal credit was made or treated as made; and

(b) in accordance with the 2006 Regulations or, as the case may be, the 2006 (SPC) Regulations, the claimant's entitlement to housing benefit in connection with the claim will (if the claimant is entitled to housing benefit) pre-date—

(i) the date, or anticipated date, of the claimant's entitlement to universal credit in connection with the current award or claim; or

(ii) where the claimant is a new claimant partner and regulation 7(5)(b) would apply to the award, the date on which it would terminate in accordance with the 2006 Regulations or, as the case may be, the 2006 (SPC) Regulations.

[F6 (7A) A claimant who is a universal credit claimant by virtue of sub-paragraph (ba) of paragraph (2) (and no other sub-paragraph) is not precluded from—

(a) making a claim for income support for a period starting on or after the relevant date if first notification of the claimant’s intention to make that claim was made, or deemed to be made, for the purposes of regulation 6(1A)(c) or 6A of the 1987 Regulations, during the period starting with the relevant date and ending with 15th November 2015;

(b) making a claim for housing benefit for a period starting on or after the relevant date if first notification of the claimant’s intention to make that claim was given (within the meaning of regulation 83(5)(d) of the 2006 Regulations or, as the case may be, regulation 64(6)(d) of the 2006 (SPC) Regulations), during the period starting with the relevant date and ending with 15th November 2015;

(c) correcting or completing a claim for housing benefit for a period starting on or after the relevant date, where that claim was defective within the meaning of the 2006 Regulations or the 2006 (SPC) Regulations and was made during the period starting with the relevant date and ending with 15th November 2015.

(7B) For the purposes of paragraph (7A), the “relevant date” is—

(a) where the conditions in regulation 6(1)(a), (b) and (c) of the Claims and Payments Regulations are met in relation to the claimant, the day after the claimant’s last day of entitlement to universal credit;

(b) where the conditions in regulation 6(2)(a), (b) and (c) of the Claims and Payments Regulations are met in relation to the claimant, the first date on which the claimant would have been entitled to universal credit if the claimant had been so entitled.]

(8) A universal credit claimant is not precluded from making a claim for housing benefit in respect of [F7 specified accommodation] [F8 or temporary accommodation].

(9) A universal credit claimant is not precluded from making a claim for a tax credit which the claimant is treated as having made by virtue of regulation 7(7) or 8(4)(a).

Textual Amendments

F1 Reg. 6(2)(ba) inserted (16.11.2015) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (S.I. 2015/1780), regs. 1, 2(2)(a)

F2 Reg. 6(2)(ca) inserted (16.11.2015) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (S.I. 2015/1780), regs. 1, 2(2)(b)

F3 Words in reg. 6(2)(d) omitted (16.11.2015) by virtue of The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (S.I. 2015/1780), regs. 1, 2(2)(c)

F4 Words in reg. 6(3)(b) substituted (16.11.2015) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (S.I. 2015/1780), regs. 1, 2(3)

F5 Words in reg. 6(5)(a) inserted (16.11.2015) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (S.I. 2015/1780), regs. 1, 2(4)

F6 Reg. 6(7A)(7B) inserted (16.11.2015) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 (S.I. 2015/1780), regs. 1, 2(5)

F7 Words in reg. 6(8) substituted (3.11.2014) by The Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/1626), reg. 1(2), 3(2)(b)

F8 Words in reg. 6(8) inserted (11.4.2018) by The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65), regs. 1(4), 6(6)(a) (with reg. 8(2)(3))

Modifications etc. (not altering text)

C1 Reg. 6 appl.(with mods) (21.11.2014) by The Welfare Reform Act 2012 (Commencement No. 20 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014 (S.I. 2014/3094), art. 6(10)

Marginal Citations

M1 S.I. 1987/1968.

M2 S.I. 2006/213.

M3 S.I. 2006/214.

M4 S.I. 2002/2014.

M5 Regulation 6(1A) was inserted by S.I. 1997/793; sub-paragraph (b) was amended by S.I.2009/1490.

M6 Regulation 83(5) has been amended by S.I. 2007/2911, 2008/1082, 2008/2299 and 2013/2070.

M7 Regulation 64(6) has been amended by S.I. 2007/2911 and 2008/2299.