The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 99 of the Universal Credit Regulations 2013 (S.I. 2013/376), which sets out the circumstances in which work search and work availability requirements may not be imposed on a universal credit claimant.

Regulation 2 amends paragraph (6) of regulation 99 so that work search and work availability requirements may not be imposed where a claimant has monthly earnings from employment that are equal to, or more than, 15 hours per week at the national minimum wage rate as set out in regulation 4 of the National Minimum Wage Regulations 2015 (“the national living wage”) or, where the claimant is a member of a couple, their combined earnings from employment are equal to, or more than, 24 hours per week at the national living wage rate, in both cases converted to a monthly amount by multiplying by 52 and dividing by 12.

Regulation 3 makes a consequential amendment to regulation 56 of the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230). Regulation 56 provides for transitional protection to cease where a claimant has earnings above or equal to the threshold in regulation 99(6) of the Universal Credit Regulations 2013 when they first claim universal credit, and these subsequently fall below that threshold for three consecutive assessment periods. The amendment provides for the amount of the threshold to remain at the amount that was applicable at the beginning of the claimant’s universal credit award, ensuring that an existing claimant will not lose transitional protection as a consequence of the amendments to regulation 99(6) by regulation 2 of these Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.