PART 2Universal Credit: limited capability for work element

Amendments to the Universal Credit (Transitional Provisions) Regulations 20145

1

The Universal Credit (Transitional Provisions) Regulations 20148 are amended as follows.

2

In regulation 19 (transition from old style ESA)—

a

in paragraph (1), for sub-paragraph (b) substitute—

b

on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).

b

in paragraph (2)—

i

for “was entitled to the work-related activity component” substitute “had limited capability for work (within the meaning of Part 1 of the 2007 Act)”;

ii

omit sub-paragraph (a);

iii

in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;

c

omit paragraph (3);

d

in paragraph (4), for “was entitled to the support component” substitute “had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity”;

e

in paragraph (6), for “was entitled to the work-related activity component or, as the case may be, the support component” substitute “had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act)”;

f

in paragraph (8)—

i

for the definition of ““assessment phase”, “support component” and “work-related activity component”” substitute—

  • “assessment phase” has the same meaning as in the 2007 Act;

ii

for the definition of ““LCW element” and “LCWRA element”” substitute—

  • “LCWRA element” has the same meaning as in the Universal Credit Regulations.

g

in paragraph (9) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”;

h

after paragraph (9) insert—

10

For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the Employment and Support Allowance Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).

3

In regulation 20 (transition from old style ESA before the end of the assessment phase)—

a

in paragraph (2), in sub-paragraph (a) omit “LCW or”;

b

in paragraph (3), omit sub-paragraph (b).

4

In regulation 20A (transition from jobseeker’s allowance following an extended period of sickness), in paragraph (2)(a) omit “LCW or”.

5

In regulation 21 (other claimants with limited capability for work: credits only cases)—

a

in paragraph (2)—

i

omit sub-paragraph (a);

ii

in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;

b

omit paragraph (3);

c

in paragraph (7), omit sub-paragraph (b);

d

in paragraph (9), in sub-paragraphs (d) and (e) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”.