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The Universal Credit (Digital Service) Amendment Regulations 2014

Consolidated Text Cited authorities 23 Cited in Amendments 18 Related
Vincent
JurisdictionUK Non-devolved
  • These Regulations may be cited as the Universal Credit (Digital Service) Amendment Regulations 2014 and, subject to regulation 5 (saving) , come into force on 26th November 2014.
    • (1) The Universal Credit Regulations 2013 before paragraph (1) (a) insert—
    • (za) the claimant has paid charges for relevant childcare that are attributable to that assessment period (see regulation 34A) and those charges have been reported to the Secretary of State before the end of that assessment period;
    the claimant has paid charges for relevant childcare that are attributable to that assessment period (see regulation 34A) and those charges have been reported to the Secretary of State before the end of that assessment period;at the beginning of paragraph (1) (a) , for the words “the claimant pays charges in that period for relevant childcare in respect of” substitute “ the charges are in respect of ”;for paragraph (2) substitute—
    • (2) The late reporting of charges for relevant childcare may be accepted in the same circumstances as late notification of a change of circumstances may be accepted under regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 and, in such cases, subject to regulation 34A below, all or part of any such charges may be taken into account in any assessment period to which they relate.
    The late reporting of charges for relevant childcare may be accepted in the same circumstances as late notification of a change of circumstances may be accepted under regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (3) In regulation 34(1) (amount of childcare costs element) , for sub-paragraph (a) substitute—
    • (a) 70% of the charges paid for relevant childcare that are attributable to that assessment period; or
    .    70% of the charges paid for relevant childcare that are attributable to that assessment period; or(4) After regulation 34 insert—
      (34A) Charges attributable to an assessment period
    • (1) Charges paid for relevant childcare are attributable to an assessment period where—
    • (a) those charges are paid in that assessment period for relevant childcare in respect of that assessment period; or
    • (b) those charges are paid in that assessment period for relevant childcare in respect of a previous assessment period;or
    • (c) those charges were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.
    those charges are paid in that assessment period for relevant childcare in respect of that assessment period; orthose charges are paid in that assessment period for relevant childcare in respect of a previous assessment period;orthose charges were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.For the purposes of paragraph (1) (c) , where a claimant pays charges for relevant childcare in advance, the amount which they have paid in respect of any assessment period is to be calculated as follows: Step 1 Take the total amount of the advance payment (leaving out of account any amount referred to in regulation 34(2) ) . Step 2 Apply the formula—In this regulation, a reference to an assessment period in which charges are paid, or in respect of which charges are paid, includes any month preceding the commencement of the award that begins on the same day as each assessment period in relation to a claimant's current award.in regulation 15(2) (claimant commitment – date and method of acceptance) after “regulation 21(3) ” insert “ or (3A) ”;in regulation 21 (assessment periods) for paragraphs (3) and (4) substitute—
    • (3) Where a new award is made to a single person without a claim by virtue of regulation 9(6) (a) or (10) of the Claims and Payments Regulations (old award has ended when the claimant ceased to be a member of a couple) each assessment period for the new award begins on the same day of each month as the assessment period for the old award.
    • (3A) Where a new award is made to members of a couple jointly without claim by virtue of regulation 9(6) (b) or (7) of the Claims and Payments Regulations (two previous awards have ended when the claimants formed a couple) each assessment period for the new award begins on the same day of each month as the assessment period for whichever of the old awards ended earlier.
    • (3B) Where a claim is treated as made by virtue of regulation 9(8) of the Claims and Payments Regulations (old award ended when a claimant formed a couple with a person not entitled to universal credit) , each assessment period in relation to the new award begins on the same day of each month as the assessment period for the old award.
    • (3C) Where a claim is made by a single person or members of a couple jointly and the claimant (or either joint claimant) meets the following conditions—
    • (a) the claimant was previously entitled to an award of universal credit the last day of which fell within the 6 months preceding the date on which the claim is made; and
    • (b) during that 6 months—(i) the claimant has continued to meet the basic conditions in section 4 of the Act (disregarding the requirement to have accepted a claimant commitment and any temporary period of absence from Great Britain that would be disregarded during a period of entitlement to universal credit) ; and(ii) the claimant was not excluded from entitlement by regulation 19 (restrictions on entitlement – prisoners etc.) ,each assessment period for the new award begins on the same day of each month as the assessment period for the old award or, if there was an old award in respect of each joint claimant, the assessment period that ends earlier in relation to the date on which the claim is made.
    Where a new award is made to a single person without a claim by virtue of regulation 9(6) (a) or (10) of the Claims and Payments Regulations (old award has ended when the claimant ceased to be a member of a couple) each assessment period for the new award begins on the same day of each month as the assessment period for the old award.Where a new award is made to members of a couple jointly without claim by virtue of regulation 9(6) (b) or (7) of the Claims and Payments Regulations (two previous awards have ended when the claimants formed a couple) each assessment period for the new award begins on the same day of each month as the assessment period for whichever of the old awards ended earlier.Where a claim is treated as made by virtue of regulation 9(8) of the Claims and Payments Regulations (old award ended when a claimant formed a couple with a person not entitled to universal credit) , each assessment period in relation to the new award begins on the same day of each month as the assessment period for the old award.the claimant was previously entitled to an award of universal credit the last day of which fell within the 6 months preceding the date on which the claim is made; andthe claimant has continued to meet the basic conditions in section 4 of the Act (disregarding the requirement to have accepted a claimant commitment and any temporary period of absence from Great Britain that would be disregarded during a period of entitlement to universal credit) ; andthe claimant was not excluded from entitlement by regulation 19 (restrictions on entitlement – prisoners etc.) ,

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