PART 2TRANSITION TO UNIVERSAL CREDIT

CHAPTER 2ENTITLEMENT TO OTHER BENEFITS

Termination of awards of certain existing benefits: other claimants8

1

This regulation applies where—

a

a claim for universal credit (other than a claim which is treated, in accordance with regulation 9(8) of the Claims and Payments Regulations, as having been made) is made; and

b

the Secretary of State is satisfied that the claimant meets the basic conditions specified in section 4(1)(a) to (d) of the Act (other than any of those conditions which the claimant is not required to meet by virtue of regulations under section 4(2) of the Act).

2

F2Where this regulation applies, all awards of income supportF3... or a tax credit to which the claimant (or, in the case of joint claimants, either of them) is entitled on the date on which the claim is made are to terminate, by virtue of this regulation—

a

on the day before the first date on which the claimant is entitled to universal credit in connection with the claim; or

b

if the claimant is not entitled to universal credit, on the day before the first date on which he or she would have been so entitled, if all of the basic and financial conditions applicable to the claimant had been met.

F42A

Subject to paragraph (3), where this regulation applies, an award of housing benefit to which the claimant is entitled on the day mentioned in paragraph (2)(a) or (b) terminates on the last day of the period of two weeks beginning with the day after that day (whether or not the person is also entitled to an award of income support or a tax credit).

3

An award of housing benefit to which a claimant is entitled in respect of F1specified accommodationF5or temporary accommodation does not terminate by virtue of this regulation.

4

Where this regulation applies and the claimant (or, in the case of joint claimants, either of them) is treated by regulation 11 as being entitled to a tax credit—

a

the claimant (or, as the case may be, the relevant claimant) is to be treated, for the purposes of the 2002 Act and this regulation, as having made a claim for the tax credit in question for the current tax year; and

b

if the claimant (or the relevant claimant) is entitled on the date on which the claim for universal credit was made to an award of a tax credit which is made in respect of a claim which is treated as having been made by virtue of sub-paragraph (a), that award is to terminate, by virtue of this regulation—

i

on the day before the first date on which the claimant is entitled to universal credit; or

ii

if the claimant is not entitled to universal credit, on the day before the first date on which he or she would have been so entitled, if all of the basic and financial conditions applicable to the claimant had been met.

5

Where an award terminates by virtue of this regulation, any legislative provision under which the award terminates on a later date does not apply.