The Universal Credit (Transitional Provisions) Regulations 2014
PART 1INTRODUCTORY
1Citation and commencement
2Interpretation
3Revocation and saving of the Universal Credit (Transitional Provisions) Regulations 2013
PART 2TRANSITION TO UNIVERSAL CREDIT
CHAPTER 1ENTITLEMENT TO CLAIM UNIVERSAL CREDIT
4Secretary of State discretion to determine that claims for universal credit may not be made
4ARestriction on claims for universal credit by persons entitled to a severe disability premium
CHAPTER 2ENTITLEMENT TO OTHER BENEFITS
5Exclusion of entitlement to certain benefits
5AEntitlement to universal credit and housing benefit: universal credit work allowance
6Exclusion of claims for certain existing benefits
6ARestriction on claims for housing benefit, income support or a tax credit
7Termination of awards of certain existing benefits: new claimant partners
8Termination of awards of certain existing benefits: other claimants
8ATransitional housing payment
8BEffect on universal credit award of two week run-on of income support, income-based jobseeker’s allowance and income-related employment and support allowance
9Treatment of ongoing entitlement to certain benefits: benefit cap
10Treatment of overpayments
10AArrears of benefit disregarded as capital
10BArrears of maternity allowance disregarded as capital
10CCompensatory payment disregarded as capital
11Ongoing awards of tax credits
12Modification of tax credits legislation: overpayments and penalties
12AModification of tax credits legislation: finalisation of tax credits
13Appeals etc relating to certain existing benefits
14Appeals etc relating to universal credit
CHAPTER 3EFFECT OF TRANSITION TO UNIVERSAL CREDIT
15Modification of Claims and Payments Regulations in relation to universal credit claimants
16Persons unable to act
16AWaiting days
17Advance payments of universal credit
18Deductions from benefits
19Transition from old style ESA
20Transition from old style ESA before the end of the assessment phase
20ATransition from jobseeker’s allowance following an extended period of sickness
21Other claimants with limited capability for work: credits only cases
22Transition from income support payable on the grounds of incapacity for work or disability and other incapacity benefits
23Transition from other incapacity benefits: assessment under the 2010 Regulations
24Transition from other incapacity benefits: claimants approaching pensionable age
25Transition from other incapacity benefits: supplementary
26Other claimants with incapacity for work: credits only cases where claimant is approaching pensionable age
27Other claimants with incapacity for work: credits only cases
28Meaning of “qualifying young person”
29Support for housing costs
30Sanctions: transition from old style ESA
31Escalation of sanctions: transition from old style ESA
32Sanctions: transition from old style JSA
33Escalation of sanctions: transition from old style JSA
34Sanctions: temporary return to certain existing benefits
35Loss of benefit penalties: transition from existing benefits other than tax credits
36Loss of benefit penalties: reduction of universal credit
37 Loss of benefit penalties: transition from working tax credit
38Loss of benefit penalties: maximum total reduction
PART 3ARRANGEMENTS REGARDING CHANGES TO THE CHILD ELEMENT FROM APRIL 2017
39Restriction on claims for universal credit during the interim period
40Availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons
41Availability of the child element where maximum exceeded – continuation of exception from a previous award of child tax credit, income support or old style JSA
42Evidence for non-consensual conception where claimant previously had an award of child tax credit
43Abolition of higher amount of the child element for first child or qualifying young person – saving where claimant responsible for a child or qualifying young person born before 6th April 2017
PART 4MANAGED MIGRATION TO UNIVERSAL CREDIT
The Migration Process
44Migration notice
45Extension of the deadline day
46Termination of existing benefits if no claim before the deadline
47Notified persons who claim as a different benefit unit
Transitional Protection
48Meaning of “qualifying claim”
49Meaning of “migration day”
50Secretary of State to determine whether transitional protection applies
51The transitional capital disregard
52The transitional element
53The transitional element - total legacy amount
54The transitional element - indicative UC amount
55The transitional element – initial amount and adjustment where other elements increase
Ending of transitional protection
56Circumstances in which transitional protection ceases
57Application of transitional protection to a subsequent award
Miscellaneous
58Qualifying claim – Secretary of State may set later commencement day
59Minimum income floor not to apply for first 12 months
60Protection for full-time students until course completed
61Rounding
62Effect of revision, appeal etc. of an award of an existing benefit
63Claimants previously entitled to a severe disability premium
64Discretionary hardship payments
SCHEDULE 1MODIFICATION OF TAX CREDITS LEGISLATION (FINALISATION OF TAX CREDITS)
1Modifications to the Tax Credits Act 2002
2In section 7 (income test)— (a) in subsection (3), before...
3In section 17 (final notice)— (a) in subsection (1)—
4In section 18 (decisions after final notice)—
5In section 19 (power to enquire)— (a) in subsection (1)(a)...
6In section 20 (decisions on discovery)— (a) in subsection (1),...
7In section 21 (decisions subject to official error), for “18(1),...
8In section 23 (notice of decisions)— (a) in subsection (1),...
9In section 30(1) (underpayments), before “tax year” in each place...
10In section 38 (appeals)— (a) in subsection (1)(b), before “tax...
11Modifications to the Tax Credits (Definition and Calculation of Income) Regulations 2002
12In regulation 2(2) (interpretation), after the definition of “the Macfarlane...
13In regulation 3 (calculation of income of claimant)—
14In regulation 4 (employment income)— (a) in paragraph (1)(a), before...
15In regulation 5 (pension income)— (a) in paragraph (1), after...
16In regulation 6 (trading income)— (a) re-number the existing regulation...
17In regulation 7 (social security income)— (a) in paragraph (1),...
18In regulation 8 (student income), after “in relation to a...
19In regulation 10 (investment income)— (a) in paragraph (1), after...
20In regulation 11(1) (property income)— (a) omit “annual”;
21In regulation 12(1) (foreign income), before “year” insert “part tax”....
22In regulation 13 (notional income), after “means income” insert “received...
23In regulation 18 (miscellaneous income), after “means income” insert “received...
24Modifications to the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002
25In regulation 2 (interpretation)— (a) . . . . ....
26In regulation 7(3) (determination of rate of working tax credit)—...
27In regulation 8(3) (determination of rate of child tax credit)—...
28Modifications to the Tax Credits (Claims and Notifications) Regulations 2002
29In regulation 4 (interpretation), omit paragraph (b).
30Omit regulation 11 (circumstances in which claims to be treated...
31Omit regulation 12 (further circumstances in which claims to be...
32In regulation 13 (circumstances in which claims made by one...
33In regulation 15(1)(c) (persons who die after making a claim)—...
34In regulation 33 (dates to be specified in notices)—
35Modification to the Tax Credits (Payment by the Commissioners) Regulations 2002
36Omit regulation 7 (prescribed circumstances for certain purposes).
37Modification to the Tax Credits (Residence) Regulations 2003
38In regulation 3(5)(a) (circumstances in which a person is treated...
SCHEDULE 2Claimants previously entitled to a severe disability premium
1This Schedule applies to an award of universal credit where...
2The first condition is that the award was not made...
3The second condition is that the claimant—
4Where this Schedule applies (subject to paragraphs 6 and 7),...
5The amount of the transitional SDP element in the first...
6In respect of the second and each subsequent assessment period,...
7The award is not to include a transitional SDP element...
8(1) In this Schedule— “LCWRA element” has the meaning in...
9For the purposes of paragraph 3(b) and 5(b)(i), paragraph 6(6)...
SCHEDULE 3Additional amounts for claimants previously entitled to an enhanced disability premium, a disability premium, a disabled child premium or a disabled child element in addition to a severe disability premium
1This Schedule applies to an award of universal credit where—...
2This Schedule does not apply where the claim was a...
3Where this Schedule applies, in the assessment period described in...
4The conditions referred to in paragraph 1(b) above are that—...
5The additional amount is— (a) in the case of a...
6The Secretary of State may, having regard to the efficient...
7In this Schedule— “ disability premium ” means the premium...

2014 No. 1230

Social Security

The Universal Credit (Transitional Provisions) Regulations 2014

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 42(2) and (3) of and paragraphs 1(1) and (2)(b), 3(1)(a) to (c), 4(1)(a), 5(1), (2)(c) and (d) and (3)(a) and 6 of Schedule 6 to the Welfare Reform Act 2012 M1.

In accordance with section 172(1) of the Social Security Administration Act 1992 M2 (“the 1992 Act”), the Secretary of State has referred proposals in respect of these Regulations to the Social Security Advisory Committee.

In accordance with section 176(1) of the 1992 Act and, in so far as these Regulations relate to housing benefit, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned in respect of proposals for these Regulations.

Annotations:
Marginal Citations