This Statutory Instrument has been made in consequence of a defect in S.I. 2014/1230 and 2017/204 and is being issued free of charge to all known recipients of those Statutory Instruments.
2023 No. 543
The Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 5(1)(a) and 189(1) and (4) of the Social Security Administration Act 19921, sections 4(9), 23(7) and 29 of the Social Security (Recovery of Benefits) Act 19972 and sections 12(4) and 42(1) to (3) of, and paragraphs 1(1), 4(1)(b), (2)(c) to (e), and (3)(a) and 6(a) of Schedule 6 to, the Welfare Reform Act 20123.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
Citation, commencement and extent1
1
These Regulations may be cited as the Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023 and come into force on 29th June 2023.
2
Any amendment made by these Regulations has the same extent as the provision amended.
Amendment of the Social Security (Recovery of Benefits) Regulations 19972
In regulation 1(2) of the Social Security (Recovery of Benefits) Regulations 1997 (interpretation)4, for the definition of “Compensation Recovery Unit” substitute—
“Compensation Recovery Unit” means the Compensation Recovery Unit, part of the Department for Work and Pensions, at Wear View House, 1 Eden Street West, Sunderland, SR1 3EY.
Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 20083
In regulation 1(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (interpretation)5, for the definition of “Compensation Recovery Unit” substitute—
“Compensation Recovery Unit” means the Compensation Recovery Unit, part of the Department for Work and Pensions, at Wear View House, 1 Eden Street West, Sunderland, SR1 3EY;
Amendment of the Universal Credit Regulations 20134
After regulation 28(5) of the Universal Credit Regulations 20136 (period for which the LCWRA element is not to be included), insert—
6
Paragraph (1) does not apply where a claimant has limited capability for work and it is subsequently determined that they have limited capability for work and work-related activity.
Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 20135
In regulation 26(2) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 20137 (time within which a claim for universal credit is to be made), for the words “, subject to a maximum extension of one month, to the date on” substitute “up to and including the day that would be the last day of the first assessment period for an award beginning on the first day in respect of”
.
Amendment of the Universal Credit (Transitional Provisions) Regulations 20146
1
The Universal Credit (Transitional Provisions) Regulations 20148 are amended as follows.
2
In regulation 9(1) (treatment of ongoing entitlement to certain benefits: benefit cap), for “the Universal Credit Regulations” substitute “the Claims and Payments Regulations”
.
3
In regulation 21(4)(b) (other claimants with limited capability for work: credit only cases), for “regulation 27(1)(b)” substitute “regulation 27(1)”
.
4
In regulation 53(10) (transitional element – total legacy amount), for “in respect of housing benefit” substitute “for housing benefit in respect of specified or temporary accommodation”
.
5
In Schedule 1 (modification of tax credits legislation – finalisation of tax credits), omit—
a
paragraph 2(b);
b
paragraph 25(a);
c
paragraph 26(b);
d
paragraph 27(b).
6
In Schedule 2 (claimants previously entitled to a severe disability premium)—
a
in paragraph 5(b)(i), for “if the higher SDP rate was payable” substitute “if the higher SDP rate is payable on the first day of the award and no person becomes a carer for either of them in the first assessment period”
;
b
renumber paragraph 8 as paragraph 8(1) and at the end insert—
2
In paragraph 5(b)(i), the reference to a person being a carer for another person is to the person being entitled to, and in receipt of, a carer’s allowance or having an award of universal credit which includes the carer element in respect of caring for that other person.
c
after paragraph 8, insert—
9
For the purposes of paragraph 3(b) and 5(b)(i), paragraph 6(6) of Schedule 4 to the Employment and Support Allowance Regulations 20089 or, as the case may be, the corresponding provision in relation to income support or income-based jobseeker’s allowance, is to be disregarded.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Regulations)