The Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019

Statutory Instruments

2019 No. 1249

Social Security

The Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019

Made

at 11.42 a.m. on 9th September 2019

Laid before Parliament

at 4.30 p.m. on 9th September 2019

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 8(3)(a) and (4), 12(1) and (3), 40 and 42(1) and (2) of, and paragraph 4(1), (3)(a) and (4) of Schedule 1 to, the Welfare Reform Act 2012(1).

In accordance with section 173(1)(b) of the Social Security Administration Act 1992(2) the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.

Citation and commencement

1.—(1) These Regulations may be cited as the Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019.

(2) This regulation and regulation 3 come into force on 3rd October 2019.

(3) Regulation 2 comes into force on 16th October 2019.

Childcare Costs

2.  In regulation 33 of the Universal Credit Regulations 2013(3)–

(a) in paragraph (1)(za) for “before the end of that assessment period” substitute “before the end of the assessment period that follows the assessment period in which they were paid”; and

(b) after paragraph (2) insert–

“(3) For the purposes of paragraph (2), “the relevant notification period” in regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 means a period of time ending on the last day of the assessment period that follows the assessment period in which the charges for relevant childcare were paid.”.

Minimum Income Floor

3.  In regulation 62(1)(b) of the Universal Credit Regulations 2013(4) after “apart from this regulation” insert “or regulation 90”.

Signed by authority of the Secretary of State for Work and Pensions

Mims Davies

Parliamentary Under-Secretary of State

Department for Work and Pensions

At 11.42 a.m. on 9th September 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Universal Credit Regulations 2013 (S.I. 2013/376).

Regulation 2 extends the time which claimants have to report payment of childcare costs in order for those costs to be taken into account in the childcare costs element when calculating an award of Universal Credit.

Regulation 3 clarifies that all claimants who satisfy the gainful self-employment test, are expected to work and do not benefit from the start-up period, are subject to the Minimum Income Floor (MIF). They cannot be exempted from the MIF based on average earnings.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.

(1)

2012 c.5. Section 40 is cited for the meaning of “prescribed”.

(2)

1992 c.5.

(3)

S.I. 2013/376. Regulation 33 was amended by S.I. 2014/2887.

(4)

S.I. 2013/376. Regulation 62 was substituted by S.I. 2014/2888.