The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013
| Year | 2013 |
2013 No. 380
Social Security
The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013
Made 25th February 2013
Laid before Parliament 4th March 2013
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State, in exercise of the powers conferred upon him by the provisions set out in Schedule 1 to these Regulations, makes the following Regulations.
In accordance with section 172(1)1of the Social Security Administration Act 1992, the Secretary of State has referred the proposals for these Regulations to the Social Security Advisory Committee.
The Secretary of State has consulted with organisations representing qualifying lenders likely to be affected by the fee specified in paragraph 9(2) of Schedule 5 to the Regulations (direct payment to lender of deductions in respect of interest on secured loans)2.
In accordance with section 176(2)(b) of the Social Security Administration Act 1992 and in so far as these Regulations relate to housing benefit, the Secretary of State has obtained the agreement of organisations appearing to him to be representative of the authorities concerned that proposals in respect of these Regulations should not be referred to them.
PART 1
General
Citation and commencement
1.—(1) These Regulations may be cited as the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.
(2) For the purpose of personal independence payment these Regulations come into force on 8th April 2013.
(3) For the purposes of universal credit, jobseeker’s allowance and employment and support allowance these Regulations come into force on 29th April 2013.
Interpretation
2. In these Regulations—
“the 1991 Act” means the Child Support Act 19913;
“the 2012 Act” means the Welfare Reform Act 20124;
“the Administration Act” means the Social Security Administration Act 1992;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19925;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 20136;
“the Personal Independence Payment Regulations” means the Social Security (Personal Independence Payment) Regulations 20137;
“the Universal Credit Regulations” means the Universal Credit Regulations 20138;
“appropriate office” means—
(a) an office of the Department for Work and Pensions or any other place designated by the Secretary of State in relation to any case or class of case as a place to, or at which, any claim, notice, document, evidence or other information may be sent, delivered or received for the purposes of these Regulations and includes a postal address specified by the Secretary of State for that purpose; or
(b) in the case of a person who is authorised or required by these Regulations to use an electronic communication for any purpose, an address to which such communications may be sent in accordance with Schedule 2;
“assessment period” has the meaning given by regulation 21 of the Universal Credit Regulations;
“attendance allowance” means an allowance payable by virtue of section 64 of the Contributions and Benefits Act;
“benefit”, except in regulation 60 and Schedules 5 and 6, means universal credit, personal independence payment, a jobseeker’s allowance or an employment and support allowance;
“child” has the meaning given by section 40 of the 2012 Act;
“claimant” in relation to—
(a) universal credit, has the meaning given by section 40 of the 2012 Act;
(b) personal independence payment, means any person who is a claimant for the purposes of regulations made under Part 4 (personal independence payment) of that Act;
(c) a jobseeker’s allowance, has the meaning given by section 35(1) of the Jobseekers Act 19959; and
(d) an employment and support allowance, has the meaning given by section 24(1) of the Welfare Reform 2007 Act10;
“couple” has the meaning given by section 39 of the 2012 Act;
“disability living allowance” means an allowance payable by virtue of section 71 of the Contributions and Benefits Act;
“earned income” has the meaning given by regulation 52 of the Universal Credit Regulations;
“electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 200011;
“employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance;
“jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance;
“limited capability for work” has the meaning given by section 1(4) of the Welfare Reform Act 2007;
“local authority” has the meaning given by section 191 of the Administration Act12;
“maternity allowance” means an allowance payable by virtue of section 35 of the Contributions and Benefits Act;
“official computer system” means a computer system maintained by or on behalf of the Secretary of State to—
(a) send or receive any claim or information; or
(b) process or store any claim or information;
“partner” means one of a couple;
“personal independence payment” means the allowance under Part 4 of the 2012 Act;
“qualifying young person” has the meaning given by regulation 5 of the Universal Credit Regulations;
“regular and substantial caring responsibilities for a severely disabled person” has the meaning given by regulation 30 of the Universal Credit Regulations;
“universal credit” means the benefit under Part 1 of the 2012 Act;
“writing” includes writing produced by means of electronic communications used in accordance with Schedule 2.
Use of electronic communications
3. Schedule 2 makes provision as to the use of electronic communications.
Consequential amendments
4. Schedule 3 makes amendments to other regulations which are consequential upon these Regulations.
Disapplication of section 1(1A) of the Administration Act
5. Section 1(1A)13of the Administration Act (requirements in respect of a national insurance number) is not to apply to a child or a qualifying young person in respect of whom universal credit is claimed.
PART 2
Claims
Claims not required for entitlement to universal credit in certain cases
6.—(1) It is not to be a condition of entitlement to universal credit that a claim be made for it where all the following conditions are met—
(a)
(a) a decision is made as a result of the change of circumstances, whether as originally made or as revised, that the person (“former claimant”) is not entitled to universal credit in a case where, but for the receipt of earned income, the former claimant would have continued to be entitled to an amount of universal credit;
(b)
(b) at the date of notification to an appropriate office of the change of circumstances referred to in sub-paragraph (a), the former claimant was in receipt of earned income;
(c)
(c) not more than six months have elapsed since the last day of entitlement to universal credit;
(d)
(d) the former claimant provides such information as to their income at such times as the Secretary of State may require and the Secretary of State is satisfied that the former claimant has provided such information as may be required by the Secretary of State to determine whether an award may be made and if so, the amount;
(e)
(e) since the last day of entitlement to universal credit the former claimant’s circumstances have changed such that, if the former claimant were entitled to universal credit, the amount payable would not be less than the minimum amount in regulation 17 of the Universal Credit Regulations.
(2) It is not to be a condition of entitlement to universal credit that a claim be made for it where all the following conditions are met—
(a)
(a) the former claimant made a claim for universal credit and a decision is made, whether as originally made or as revised, that the former claimant is not entitled to universal credit in a case where, but for the receipt of earned income, the former claimant would have been entitled to an amount of universal credit;
(b)
(b) at the time the decision referred to in sub-paragraph (a) was made, the former claimant was in receipt of earned income;
(c)
(c) not more than six months have elapsed since the date of that claim;
(d)
(d) the former claimant provides such information as to their income at such times as the Secretary of State may require and the Secretary of State is satisfied that the former claimant has provided such information as may be required by the Secretary of State to determine whether an award may be made and if so, the amount;
(e)
(e) the former claimant’s circumstances have changed such that, if the former claimant were entitled to universal credit, the amount payable would not be less than the minimum amount in regulation 17 of the Universal Credit Regulations.
Claims not required for entitlement to an employment and support allowance in certain cases
7. It is not to be a condition of entitlement to an employment and support allowance that a claim be made for it where the following conditions are met—
(a) the claimant has made, and is pursuing, an appeal against a decision of the Secretary of State that embodies a determination that the claimant does not have limited capability for work; and
(b) the appeal relates to a decision to terminate or not to award an employment and support allowance...
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