Transitional provision: claims for housing benefit, income support or a tax creditC1C2C3C4C5C6C7C8C9C11C137
C10C121
Except as provided by paragraphs (2) to (6), a person may not make a claim for housing benefit, income support or a tax credit (in the latter case, whether or not as part of a Tax Credits Act couple) on any date where, if that person made a claim for universal credit on that date (in the capacity, whether as a single person or as part of a couple, in which he or she is permitted to claim universal credit under the Universal Credit Regulations 2013M1), the provisions of the Act listed in Schedule 2 to the No. 9 Order would come into force under article 3(1) and F1(2)(a) to (c) of this Order in relation to that claim for universal credit.
2
Paragraph (1) does not apply to a claim for housing benefit, income support or a tax credit where, by virtue of a determination made under regulation 4F3, or by virtue of regulation F74AF8..., of the Universal Credit (Transitional Provisions) Regulations 2014 F9or by virtue of article 4(11) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019M2, the person in question would be prevented from making a claim for universal credit as referred to in that paragraph.
3
Paragraph (1) does not apply to a claim for housing benefit in respect of specified accommodation F4or temporary accommodation.
4
Paragraph (1) does not apply to a claim for housing benefit F10... where—
F6a
in the case of a claim for housing benefit, the claim is made by a member of a State Pension Credit Act couple who has reached the qualifying age for state pension credit, where the other member has not reached that age, and entitlement begins, or in the case of claims made in advance of entitlement is to begin—
i
before 15th May 2019; or
ii
on or after 15th May 2019 where one of the savings in the sub-paragraphs of article 4(1) of the Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions and Commencement No. 21 and 23 and Transitional and Transitory Provisions (Amendment)) Order 2019 applies to that person and the saving has not ceased to have effect under article 4(2) of that Order, and
entitlement to housing benefit is to be construed in accordance with article 2 of that Order;
F11b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Paragraph (1) does not apply to a claim for a tax credit where a person or persons makes or make a claim for child tax credit or working tax credit and on the date on which he or she (or they) makes or make the claim he or she (or they) F12has or have an award of working tax credit or child tax credit respectively.
6
Paragraph (1) does not apply to a claim for a tax credit where a person F13has or had, or persons have or had, an award of child tax credit or working tax credit in respect of a tax year and that person or those persons makes or make (or is or are treated as making) a claim for that tax credit for the next tax year.
F147
In paragraph (5), the reference to a person having an award of a tax credit includes where the person is “treated as being entitled to a tax credit” in the circumstances referred to in regulation 11(1) and (2)(a) to (ca) of the Universal Credit (Transitional Provisions) Regulations 2014 but as if, in regulation 11(1), for “For the purposes of regulations 7(7) and 8(4)” there were substituted “For the purposes of article 7(5) of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015”.
8
Subject to paragraph (9), for the purposes of this article—
a
a claim for housing benefit, income support or a tax credit is made by a person on the date on which he or she takes any action which results in a decision on a claim being required under the relevant Regulations; and
b
it is irrelevant that the effect of any provision of the relevant Regulations is that, for the purpose of those Regulations, the claim is made or treated as made on a date that is earlier than the date on which that action is taken.
9
Where under the provisions referred to in paragraph (10), a claim for housing benefit or income support is treated as made at a date that is earlier than the date on which the action referred to in paragraph (8)(a) is taken, the claim is treated as made on that earlier date.
10
The provisions referred to are—
a
11
For the purposes of this article—
a
“couple” (apart from in the expressions “State Pension Credit Act couple” and “Tax Credit Act couple”), has the meaning given in section 39 of the Act;
b
“housing benefit” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992M6;
c
“income support” means income support under section 124 of the Social Security Contributions and Benefits Act 1992;
d
“qualifying age for state pension credit” means the qualifying age referred to in section 1(6) of the State Pension Credit Act 2002M7;
e
“the 2006 Regulations” means the Housing Benefit Regulations 2006M8;
f
“the 2006 (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006M9;
g
“the relevant Regulations” means—
i
in the case of a claim for housing benefit, the 2006 Regulations or, as the case may be, the 2006 (SPC) Regulations;
ii
in the case of a claim for income support, the Claims and Payments Regulations 1987;
iii
in the case of a claim for a tax credit, the Tax Credits (Claims and Notifications) Regulations 2002M10;
h
“specified accommodation” means accommodation to which one or more of sub-paragraphs (2) to (5) of paragraph 3A of Schedule 1 to the Universal Credit Regulations 2013 M11 applies;
i
“State Pension Credit Act couple” means a couple as defined in section 17 of the State Pension Credit Act 2002M12;
j
“tax credit” (including “child tax credit” and “working tax credit”) and “tax year” have the same meanings as in the Tax Credits Act 2002M13;
k
“Tax Credits Act couple” means a couple as defined in section 3(5A) of the Tax Credits Act 2002M14.
F5l
“temporary accommodation” means accommodation which falls within Case 1 or Case 2 under paragraph 3B of Schedule 1 to the Universal Credit Regulations