The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/65
Year2018
(1) These Regulations may be cited as the Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018.(2) Subject to paragraphs (3) and (4) , these Regulations come into force on 14th February 2018.(3) Regulation 3(1) , in so far as it relates to paragraph (7) of regulation 3, and that paragraph (7) , come into force on 9th April 2018.regulation 3(1) , in so far as it relates to regulation 3(2) (b) and (c) , (5) (a) and (c) , (6) and (9) to (13) ;regulation 5(1) , in so far as it relates to regulation 5(2) ;regulation 6(1) , in so far as it relates to regulation 6(2) (a) and (b) , (3) to (8) and (10) ;regulations 2, 3(2) (b) and (c) , (5) (a) and (c) , (6) and (9) to (13) , 4, 5(2) , 6(2) (a) and (b) , (3) to (8) and (10) and 8.(5) These Regulations extend to England and Wales and Scotland only.
  • regulation 1(2) , in the definition of “relevant award of universal credit”;
  • regulation 4(2) (b) .
  • (1) The Universal Credit Regulations 2013 omit the entries for regulations 19A and 20A;after the entry for regulation 21 insert—
      (21A) Assessment period cycle to remain the same following change in the first day of entitlement
    ;
    Assessment period cycle to remain the same following change in the first day of entitlementin the entry for Part 4 omit “and Temporary Accommodation”;in the entry for Part 5 omit “Other than Temporary Accommodation”.(3) Omit regulation 19A (waiting days) .(4) Omit regulation 20A (awards) .in paragraph (1) omit “, subject to paragraph (5) ,”;omit paragraph (1A) ;after paragraph (2) insert—
    • (2A) But paragraphs (1) and (2) are subject to regulation 21A (assessment period cycle to remain the same following change in the first date of entitlement) .
    .
    But paragraphs (1) and (2) are subject to regulation 21A (assessment period cycle to remain the same following change in the first date of entitlement) .(6) After regulation 21 insert—
      (21A) Assessment period cycle to remain the same following change in the first date of entitlement
    • (1) This regulation applies where—
    • (a) the first date of entitlement has been determined;
    • (b) it is subsequently determined that the first date of entitlement falls on a different date (the “start date”) ; and
    • (c) applying regulation 21(1) and (2) following that subsequent determination (and thereby changing the beginning of each assessment period) would, in the opinion of the Secretary of State, cause unnecessary disruption to the administration of the claim.
    the first date of entitlement has been determined;it is subsequently determined that the first date of entitlement falls on a different date (the “start date”) ; andapplying regulation 21(1) and (2) following that subsequent determination (and thereby changing the beginning of each assessment period) would, in the opinion of the Secretary of State, cause unnecessary disruption to the administration of the claim.the first assessment period is to be a period of a length determined by the Secretary of State beginning with the start date;the amount payable in respect of that first assessment period is to be calculated as follows—regulation 21(1) and (2) apply to the second and subsequent assessment periods as if the day after the end of the first assessment period were the first date of entitlement.for “£397” in each place substitute “ £409 ”;for “£192” in each place substitute “ £198 ”.for “by way of—” substitute “ by way of national insurance contributions and income tax; and ”;omit paragraphs (i) and (ii) .at the end of paragraph (1) (a) insert “ to which the person is entitled, subject to any adjustment to the amount payable in accordance with regulations under section 73 of the Social Security Administration Act 1992 (overlapping benefits) after paragraph (1) (d) insert—
    • (da) foreign state retirement pension;
    ;
    foreign state retirement pension;after paragraph (1) (l) insert—
    • (la) PPF periodic payments;
    ;
    PPF periodic payments;in sub-paragraph (m) , for “(a) to (l) ” substitute “ (a) to (la) ”;for paragraph (2) substitute—
    • (2) In this regulation—
    • (a) in paragraph (1) (da) “foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;
    • (b) in paragraph (1) (f) and (g) a person's “living expenses” are the cost of—(i) food;(ii) ordinary clothing or footwear;(iii) household fuel, rent or other housing costs (including council tax) ,for the person, their partner and any child or qualifying young person for whom the person is responsible;
    • (c) in paragraph (1) (la) “PPF periodic payments” has the meaning given in section 17(1) of the State Pension Credit Act 2002 .
    in paragraph (1) (da) “foreign state retirement pension” means any pension which is paid under the law of a country outside the United Kingdom and is in the nature of social security;food;ordinary clothing or footwear;household fuel, rent or other housing costs (including council tax) ,in paragraph (1) (la) “PPF periodic payments” has the meaning given in section 17(1) of the State Pension Credit Act 2002 .(10) In regulation 89 (claimants subject to no work-related requirements) , after paragraph (1) (d) insert—
    • (da) the claimant is a member of a couple entitled to universal credit by virtue of regulation 3(2) (b) and has student income in relation to the course they are undertaking which is taken into account in the calculation of the award;
    .
    the claimant is a member of a couple entitled to universal credit by virtue of regulation 3(2) (b) and has student income in relation to the course they are undertaking which is taken into account in the calculation of the award;in paragraph (4) , for “This paragraph” substitute “ Subject to paragraph (4ZA) , this paragraph ”;after paragraph (4) insert—
    • (4ZA) Where paragraph (4ZB) applies, paragraph (4) will only apply to a claimant if the Secretary of State makes a decision to carry out an assessment under regulation 41(1) (b) .
    • (4ZB) This paragraph applies where—
    • (a) (i) it has previously been determined on the basis of an assessment under Part 5 of these Regulations or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work; or
    Where paragraph (4ZB) applies, paragraph (4) will only apply to a claimant if the Secretary of State makes a decision to carry out an assessment under regulation 41(1) (b) .it has previously been determined on the basis of an assessment under Part 5 of these Regulations or under Part 4 or 5 of the ESA Regulations the claimant has previously been treated as not having limited capability for work or, as the case may be, for work and work-related activity under regulation 43(3) or 44(2) ; andof the determination that the claimant does not have limited capability for work; orthat the claimant was treated as not having limited capability for work or, as the case may be, for work and work-related activity.in the opening words, after “because” omit “the claimant”;at the beginning of sub-paragraph (a) insert “ the claimant ”;at the beginning insert “ the claimant ”;at the end omit “or”;at the beginning of sub-paragraph (c) , insert “ the claimant ”;after sub-paragraph (c) insert—
      ; or
    • (d) paragraph (4) would apply to the claimant but for paragraph (4ZA) .
    ;
    paragraph (4) would apply to the claimant but for paragraph (4ZA) .in paragraphs (5A) and (5B) (a) , for “sub-paragraph (a) , (b) or (c) ” substitute “ sub-paragraph (a) , (b) , (c) or (d) ”.in paragraph 3, after sub-paragraph (h) insert—
      ;
    • (i) payments in respect of accommodation specified in paragraph 3B.
    ;
    payments in respect of accommodation specified in paragraph 3B.after paragraph 3A insert—
      (3B) Temporary Accommodation
    • (1) The accommodation referred to in paragraph (3) (i) is...
    The accommodation referred to in paragraph (3) (i) is

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