C7C18C16C17C19C20C21Part 1Universal credit
Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 1 modified (1.1.2021) by The Social Security (Norway) Order 2020 (S.I. 2020/1597), arts. 1, 2(1)(2), Sch. (with art. 2(3))
Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.
Pts. 1, 4 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.
C7CHAPTER 1Entitlement and awards
Introductory
C15I12C7I24I36I48I60I72I84I96I108I120I132I144I156I168I180I192I2041C7Universal credit
1
A benefit known as universal credit is payable in accordance with this Part.
2
Universal credit may, subject as follows, be awarded to—
C8a
an individual who is not a member of a couple (a “single person”), or
b
members of a couple jointly.
3
An award of universal credit is, subject as follows, calculated by reference to—
a
a standard allowance,
b
an amount for responsibility for children or young persons,
c
an amount for housing, and
d
amounts for other particular needs or circumstances.
2C7Claims
I13I25I37I49I61I73I85I97I109I121I133I145I157I169I181I193I2051
A claim may be made for universal credit by—
a
a single person, or
b
members of a couple jointly.
I52
Regulations may specify circumstances in which a member of a couple may make a claim as a single person.
Entitlement
I14C7I26I38I50I62I74I86I98I110I122I134I146I158I170I182I194I2063C7Entitlement
1
A single claimant is entitled to universal credit if the claimant meets—
a
the basic conditions, and
b
the financial conditions for a single claimant.
2
Joint claimants are jointly entitled to universal credit if—
a
each of them meets the basic conditions, and
b
they meet the financial conditions for joint claimants.
4C7Basic conditions
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For the purposes of section 3, a person meets the basic conditions who—
C1a
is at least 18 years old,
b
has not reached the qualifying age for state pension credit,
C4c
is in Great Britain,
e
has accepted a claimant commitment.
I62
Regulations may provide for exceptions to the requirement to meet any of the basic conditions (and, for joint claimants, may provide for an exception for one or both).
I63
For the basic condition in subsection (1)(a) regulations may specify a different minimum age for prescribed cases.
I15I27I39I51I63I75I87I99I111I123I135I147I159I171I183I195I2074
For the basic condition in subsection (1)(b), the qualifying age for state pension credit is that referred to in section 1(6) of the State Pension Credit Act 2002.
I65
For the basic condition in subsection (1)(c) regulations may—
a
specify circumstances in which a person is to be treated as being or not being in Great Britain;
b
specify circumstances in which temporary absence from Great Britain is disregarded;
c
modify the application of this Part in relation to a person not in Great Britain who is by virtue of paragraph (b) entitled to universal credit.
I66
For the basic condition in subsection (1)(d) regulations may—
a
specify what “receiving education” means;
b
specify circumstances in which a person is to be treated as receiving or not receiving education.
I67
For the basic condition in subsection (1)(e) regulations may specify circumstances in which a person is to be treated as having accepted or not accepted a claimant commitment.
I1I16C7I28I40I52I64I76I88I100I112I124I136I148I160I172I184I196C13I2085C7Financial conditions
1
For the purposes of section 3, the financial conditions for a single claimant are that—
a
the claimant's capital, or a prescribed part of it, is not greater than a prescribed amount, and
b
the claimant's income is such that, if the claimant were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
2
For those purposes, the financial conditions for joint claimants are that—
a
their combined capital, or a prescribed part of it, is not greater than a prescribed amount, and
b
their combined income is such that, if they were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
I17C7I29I41I53I65I77I89I101I113I125I137I149I161I173I185I197I2096C7Restrictions on entitlement
1
Entitlement to universal credit does not arise—
I2a
in prescribed circumstances (even though the requirements in section 3 are met);
b
if the requirements in section 3 are met for a period shorter than a prescribed period;
c
for a prescribed period at the beginning of a period during which those requirements are met.
2
A period prescribed under subsection (1)(b) or (c) may not exceed seven days.
I23
Regulations may provide for exceptions to subsection (1)(b) or (c).
Awards
7C7Basis of awards
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Universal credit is payable in respect of each complete assessment period within a period of entitlement.
I72
In this Part an “assessment period” is a period of a prescribed duration.
I73
Regulations may make provision—
a
about when an assessment period is to start;
b
for universal credit to be payable in respect of a period shorter than an assessment period;
c
about the amount payable in respect of a period shorter than an assessment period.
I18I30I42I54I66I78I90I102I114I126I138I150I162I174I186I198I2104
In subsection (1) “period of entitlement” means a period during which entitlement to universal credit subsists.
I19C7I31I43I55I67I79I91I103I115I127I139I151I163I175I187I199C12C14I2118C7Calculation of awards
1
The amount of an award of universal credit is to be the balance of—
a
the maximum amount (see subsection (2)), less
b
the amounts to be deducted (see subsection (3)).
2
The maximum amount is the total of—
a
any amount included under section 9 (standard allowance),
b
any amount included under section 10 (responsibility for children and young persons),
c
any amount included under section 11 (housing costs), and
d
any amount included under section 12 (other particular needs or circumstances).
I33
The amounts to be deducted are—
a
an amount in respect of earned income calculated in the prescribed manner (which may include multiplying some or all earned income by a prescribed percentage), and
b
an amount in respect of unearned income calculated in the prescribed manner (which may include multiplying some or all unearned income by a prescribed percentage).
4
In subsection (3)(a) and (b) the references to income are—
a
in the case of a single claimant, to income of the claimant, and
b
in the case of joint claimants, to combined income of the claimants.
Elements of an award
9C7Standard allowance
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The calculation of an award of universal credit is to include an amount by way of an allowance for—
a
a single claimant, or
b
joint claimants.
I82
Regulations are to specify the amount to be included under subsection (1).
I83
Regulations may provide for exceptions to subsection (1).
10C7Responsibility for children and young persons
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The calculation of an award of universal credit is to include an amount for each child or qualifying young person for whom a claimant is responsible.
F21A
But the amount mentioned in subsection (1) is to be available in respect of a maximum of two persons who are either children or qualifying young persons for whom a claimant is responsible.
I92
I93
Regulations are to specify, or provide for the calculation of, amounts to be included under subsection (1) or (2).
I94
Regulations may provide for exceptions to subsection (1) F5or (1A).
I95
In this Part, “qualifying young person” means a person of a prescribed description.
11C7Housing costs
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The calculation of an award of universal credit is to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation they occupy as their home.
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For the purposes of subsection (1)—
a
the accommodation must be in Great Britain;
b
the accommodation must be residential accommodation;
c
it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.
I103
Regulations may make provision as to—
a
what is meant by payments in respect of accommodation for the purposes of this section F6...;
b
circumstances in which a claimant is to be treated as liable or not liable to make such payments;
c
circumstances in which a claimant is to be treated as occupying or not occupying accommodation as their home (and, in particular, for temporary absences to be disregarded);
d
circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.
I10C94
Regulations are to provide for the determination or calculation of any amount to be included under this section.
I105
Regulations may—
a
provide for exceptions to subsection (1);
b
provide for inclusion of an amount under this section in the calculation of an award of universal credit—
i
to end at a prescribed time, or
ii
not to start until a prescribed time.
12C7Other particular needs or circumstances
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The calculation of an award of universal credit is to include amounts in respect of such particular needs or circumstances of a claimant as may be prescribed.
I23I35I47I59I71I83I95I107I119I131I143I155I167I179I191I203I2152
The needs or circumstances prescribed under subsection (1) may include—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the fact that a claimant has limited capability for work and work-related activity;
c
the fact that a claimant has regular and substantial caring responsibilities for a severely disabled person.
I113
Regulations are to specify, or provide for the determination or calculation of, any amount to be included under subsection (1).
I114
Regulations may—
a
provide for inclusion of an amount under this section in the calculation of an award of universal credit—
i
to end at a prescribed time, or
ii
not to start until a prescribed time;
b
provide for the manner in which a claimant's needs or circumstances are to be determined.
Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(3) (as inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 10(b))