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The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019

Consolidated Text As Enacted Cited authorities 1 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/1152
(1) These Regulations may be cited as the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019.(2) Regulations 2 and 3 and this regulation come into force on 24th July 2019.(3) Regulations 4 and 5 come into force on 22nd July 2020.(4) Regulation 6 comes into force on 23rd September 2020.(5) Regulation 7 comes into force on 27th January 2021.
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    • (1) The Universal Credit (Transitional Provisions) Regulations 2014 are amended as follows.insert at the appropriate places—
      “childcare costs element” has the meaning in the Universal Credit Regulations;“deadline day” has the meaning in regulation 44;“earned income” has the meaning in Chapter 2 of Part 6 of the Universal Credit Regulations;“final deadline” has the meaning in regulation 46;“HMRC” means Her Majesty's Revenue and Customs;“indicative UC amount” has the meaning in regulation 54;“migration day” has the meaning in regulation 49;“migration notice” has the meaning in regulation 44;“notified person” has the meaning in regulation 44;“qualifying claim” has the meaning in regulation 48;“total legacy amount” has the meaning in regulation 53;“transitional capital disregard” has the meaning in regulation 51;“transitional element” has the meaning in regulation 52;
    , and    in the definition of “existing benefit”, before “regulation 25(2) ” insert “ paragraph (3) and ”;after paragraph (2) insert—
    • (3) In these Regulations—
    • (a) references to an award of income-based jobseeker's allowance are to an award of old style JSA where the claimant is, or joint claimants are, entitled to the income-based allowance; and
    • (b) references to an award of income-related employment and support allowance are to an award of old style ESA where the claimant is entitled to the income-related allowance.
    references to an award of income-based jobseeker's allowance are to an award of old style JSA where the claimant is, or joint claimants are, entitled to the income-based allowance; andreferences to an award of income-related employment and support allowance are to an award of old style ESA where the claimant is entitled to the income-related allowance.section 33(1) (a) and (b) and (2) of the Act (abolition of benefits) ;paragraphs 22 to 26 of Schedule 3 to the Act (abolition of benefits: consequential amendments) and section 33(3) of the Act in so far as it relates to those paragraphs; andthe repeals in Part 1 of Schedule 14 to the Act (abolition of benefits superseded by universal credit) that come into force if a claim is made for universal credit.(3) At the end of regulation 4A (restriction on claims for universal credit by persons entitled to a severe disability premium) This regulation does not apply in relation to a claim for universal credit by a single claimant who is a notified person or by joint claimants both of whom are notified persons.(4) In regulation 5(2) (a) (exclusion of entitlement to certain benefits) after “8(2A) ” insert “ , 46(1) or 47(2) ”.after “regulation 8” insert “ , 46 or 47 ”;in paragraphs (a) and (b) after “8(2A) ” insert “ , 46(1) or 47(2) ”; andat the end of paragraph (a) omit “and”, and at the end of paragraph (b) insert—
      ; and
    • (c) if a claim for universal credit is made by a notified person then, notwithstanding anything in the Housing Benefit Regulations 2006 , the weekly amount of housing benefit to which the person is entitled for that period of two weeks is the same as the weekly amount they were entitled to on the first day of that period.
    if a claim for universal credit is made by a notified person then, notwithstanding anything in the Housing Benefit Regulations 2006 (6) In regulation 11(1) for “regulations 7(7) and 8(4) ” substitute “ these Regulations ” and after sub-paragraph (b) add the following words—
      and references to an award of a tax credit are to be read accordingly
    .    (7) After regulation 43 informing the person that all awards of any existing benefits to which they are entitled are to terminate and that they will need to make a claim for universal credit; andspecifying a day (“the deadline day”) by which a claim for universal credit must be made.The migration notice may contain such other information as the Secretary of State considers appropriate.The deadline day must not be within the period of three months beginning with the day on which the migration notice is issued.If the person who is entitled to an award of an existing benefit is, for the purposes of that award, a member of a couple or a member of a polygamous marriage, the Secretary of State must also issue the migration notice to the other member (or members) .if it has been issued in error;if the Secretary of State has made a determination in accordance with regulation 4 (discretion to determine that claims for universal credit may not be made) that would affect a claim by that person; orin any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.A “notified person” is a person to whom a migration notice has been issued.on the Secretary of State's own initiative; orif a notified person requests such a change before the deadline day,The Secretary of State must inform the notified person or persons of the new deadline day.in the case of housing benefit, on the last day of the period of two weeks beginning with the deadline day; andin the case of any other existing benefit, on the day before the deadline day.An award of housing benefit to which a claimant is entitled in respect of specified accommodation or temporary accommodation does not terminate by virtue of this regulation.after the deadline day; andon or before the final deadline specified in paragraph (4) ,The final deadline is the day that would be the last day of the first assessment period in relation to an award commencing on the deadline day.This regulation is subject to regulation 47.notified persons who were a couple for the purposes of an award of an existing benefit when the migration notice was issued are single persons or members of a different couple for the purposes of a claim for universal credit; ornotified persons who were members of a polygamous marriage for the purposes of an award of an existing benefit when the migration notice was issued are a couple or single persons for the purposes of a claim for universal credit.in the case of housing benefit, on the last day of the period of two weeks beginning with the earliest day on which any of those persons is entitled to universal credit in connection with a claim (or, in a case where the person is not entitled to universal credit, on the day they would have been entitled if all the basic and financial conditions had been met) ; orin the case of any other existing benefit, on the day before the “earliest day” referred to in sub-paragraph (a) .

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