Welfare Reform Act 2012

Section 30

SCHEDULE 1E+W+SUniversal credit: supplementary regulation-making powers

Entitlement of joint claimantsE+W+S

1E+W+SRegulations may provide for circumstances in which joint claimants may be entitled to universal credit without each of them meeting all the basic conditions referred to in section 4.

CouplesE+W+S

3(1)Regulations may provide—E+W+S

(a)for a claim made by members of a couple jointly to be treated as a claim made by one member of the couple as a single person (or as claims made by both members as single persons);

(b)for claims made by members of a couple as single persons to be treated as a claim made jointly by the couple.

(2)Regulations may provide—

(a)where an award is made to joint claimants who cease to be entitled to universal credit as such by ceasing to be a couple, for the making of an award (without a claim) to either or each one of them—

(i)as a single person, or

(ii)jointly with another person;

(b)where an award is made to a single claimant who ceases to be entitled to universal credit as such by becoming a member of a couple, for the making of an award (without a claim) to the members of the couple jointly;

(c)for the procedure to be followed, and information or evidence to be supplied, in relation to the making of an award under this paragraph.

Calculation of capital and incomeE+W+S

4(1)Regulations may for any purpose of this Part provide for the calculation or estimation of—E+W+S

(a)a person's capital,

(b)a person's earned and unearned income, and

(c)a person's earned and unearned income in respect of an assessment period.

(2)Regulations under sub-paragraph (1)(c) may include provision for the calculation to be made by reference to an average over a period, which need not include the assessment period concerned.

(3)Regulations under sub-paragraph (1) may—

(a)specify circumstances in which a person is to be treated as having or not having capital or earned or unearned income;

(b)specify circumstances in which income is to be treated as capital or capital as earned income or unearned income;

(c)specify circumstances in which unearned income is to be treated as earned, or earned income as unearned;

(d)provide that a person's capital is to be treated as yielding income at a prescribed rate;

(e)provide that the capital or income of one member of a couple is to be treated as that of the other member.

(4)Regulations under sub-paragraph (3)(a) may in particular provide that persons of a prescribed description are to be treated as having a prescribed minimum level of earned income.

(5)In the case of joint claimants the income and capital of the joint claimants includes (subject to sub-paragraph (6)) the separate income and capital of each of them.

(6)Regulations may specify circumstances in which capital and income of either of joint claimants is to be disregarded in calculating their joint capital and income.

Responsibility for children etcE+W+S

5(1)Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child or qualifying young person.E+W+S

(2)Regulations may for any purpose of this Part make provision about nominations of the responsible carer for a child (see section 19(6)(b)(ii)).

Work-related requirementsE+W+S

7E+W+SRegulations may provide that a claimant who—

(a)has a right to reside in the United Kingdom under the EU Treaties, and

(b)would otherwise fall within section 19, 20 or 21,

is to be treated as not falling within that section.