The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

[^key-c4055e93f0afa5511dc546e22c02f7ee]: Word in reg. 45(3A) omitted (27.1.2025) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(6)(b)

[^key-d8a1ebcead51eb78961fa361b35f7c68]: Word in reg. 45(3A) substituted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(6)(b)

[^key-2df99587bec1bd510d90b77de30113da]: Reg. 45(3B) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(6)(c)

[^key-c63fd101e8354244039cb55af20736fd]: Reg. 51(3) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(7)

[^key-9c7e5f6363afdd241462e2b9fd689a95]: Words in reg. 61(1) substituted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(9)(a)

[^key-01f26f39c32c27505332857ef8d9fa32]: Words in reg. 61(1) substituted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(9)(b)

[^key-08142e435a5ef69c91f00bd9abe8d681]: Word in reg. 61(1) substituted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(9)(c)

[^key-c37c49fed6b31ef5d0e73e9a69538f3b]: Word in reg. 61B(1) inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 6(10)

[^key-1a601bf716e664a6fb97899c97b2e338]: Word in reg. 4A(1) substituted (6.4.2025) by The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations (Northern Ireland) 2024 (S.R. 2024/54), regs. 1(2)(a), 8(2)(a)

[^key-bc984bf1070f4b0b1bdeac8391818e39]: Reg. 4A(6) omitted (6.4.2025) by virtue of The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations (Northern Ireland) 2024 (S.R. 2024/54), regs. 1(2)(a), 8(2)(b)

[^key-90d4cf1e69b856ac6123de2682de494f]: Reg. 4A(7) omitted (6.4.2025) by virtue of The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations (Northern Ireland) 2024 (S.R. 2024/54), regs. 1(2)(a), 8(2)(c)

[^key-395602d635c4900c41141f33908b6e74]: Words in reg. 4A(8) omitted (6.4.2025) by virtue of The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations (Northern Ireland) 2024 (S.R. 2024/54), regs. 1(2)(a), 8(2)(d)

[^key-2a2fa36854060f60b937a8499c4fd6af]: Words in reg. 4A(9) omitted (6.4.2025) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(3), 6(2)(b)

[^key-1dca10c70acfca54d1818c925b04a138]: Sum in Sch. 2 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(a)(i)

[^key-063f1928e1ab62ef1f1da1368daaa689]: Sum in Sch. 2 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(a)(ii)

[^key-49e275562786fe0e55666607cf9b65ee]: Sum in Sch. 2 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(a)(iii)

[^key-5fad64dc6a753da1506579fcd6480dbe]: Sum in Sch. 3 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(b)(i)

[^key-16792e79645a6b929d76d704b832cb75]: Sum in Sch. 3 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(b)(ii)

[^key-145fc163074393dd8956c1f7e4d1bbcb]: Sum in Sch. 3 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(b)(iii)

[^key-62cd342794cdfa8ddf69297145c6a1ee]: Sum in Sch. 3 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(b)(iv)

[^key-4df89e09e7c445f7c199a5553a97f612]: Sum in Sch. 3 para. 5 substituted (coming into operation in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(n), 33(b)(v)

[^key-fa3aa28f18f8a495062221d8849c8b47]: Words in reg. 56(4) substituted (1.6.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(4), 6(8)(a)(i)

[^key-5dac6be4f07c8377b098961cbe4f2d26]: Words in reg. 56(4) inserted (1.6.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(4), 6(8)(a)(ii)

[^key-b6cb41aef37fd7ae58773680d5f5c17c]: Reg. 56(5A) inserted (1.6.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(4), 6(8)(b)

[^key-5f631a32f7d830704f369761f8c572ff]: Words in reg. 56(6) inserted (1.6.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(4), 6(8)(c)

[^key-e5ecbdd685c7250ca30b23420bc40bdb]: Reg. 64A inserted (29.1.2026) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/4), regs. 1, 2(3)

[^key-e1072fae46947b8042896b05c5461b3f]: Words in reg. 45(3) substituted (29.1.2026) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/4), regs. 1, 2(2)(a)

[^key-a30ac1b48f46d30b9a7681f4390cc30d]: Reg. 45(3C)-(3G) inserted (29.1.2026) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/4), regs. 1, 2(2)(b)

[^key-df74d4ec7e111d67d66b1b080e2c07cb]: Words in Sch. 2 para. 8(3) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 55

Entitlement to universal credit and housing benefit: universal credit work allowance

3A

Where a claimant has an award of universal credit and, in any assessment period, is also entitled to housing benefit for temporary accommodation and the award of universal credit does not include an amount for housing costs, regulation 23(2) of the Universal Credit Regulations (amount of the work allowance) is to apply in relation to that assessment period as if the award did ... include an amount for housing costs.

Exclusion of claims for certain existing benefits

Termination of awards of certain existing benefits: new claimant partners

Transitional housing payment

6A

Where an award of housing benefit terminates under regulation 6 ...—

• (a) the claimant is to be treated for the purposes of the Housing Benefit Regulations as entitled to universal credit during the period of 2 weeks mentioned in regulation 6(2A) ..., even if no decision has been made on the claim; ...

• (b) if a claim for universal credit is made and the claimant moves to new accommodation occupied as the claimant’s home, then, notwithstanding anything in the Housing Benefit Regulations, housing benefit is to be paid directly to the claimant during the period of 2 weeks mentioned in regulation 6(2A) ... ; and

• (c) if a claim for universal credit is made by a notified person then, notwithstanding anything in the Housing Benefit Regulations, 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.

Treatment of ongoing entitlement to certain benefits: benefit cap

Treatment of overpayments

Ongoing awards of tax credits

Modification of tax credits legislation: overpayments and penalties

Modification of tax credits legislation: overpayments and penalties

Appeals etc relating to certain existing benefits

Appeals etc relating to universal credit

Arrears of benefit disregarded as capital

8A

• (1) This regulation applies in relation to the calculation of an award of universal credit (the “current award”) where the claimant has received a payment of arrears of benefit or armed forces independence payment, or a concessionary payment made to compensate for arrears of benefit or armed forces independence payment, of £5,000 or more, and the following conditions are met:

• (a) the payment—

• (i) is received during the current award, or

• (ii) was received during an award of an existing benefit (the “earlier award”) and the claimant became entitled to the current award within one month of the date of termination of the earlier award;

• (b) in the case of a payment falling within sub-paragraph (a)(i), it would be disregarded from the calculation of the claimant’s capital if the claimant were entitled to an existing benefit;

• (c) in the case of a payment falling within sub-paragraph (a)(ii), it was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award; and

• (d) the period of entitlement to benefit or armed forces independence payment to which the payment relates commences before the first date on which, by virtue of Article 39 of the Order (abolition of benefits), no claimant is entitled to an existing benefit.

• (2) Where this regulation applies, the payment is to be disregarded from the calculation of a claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later).

• (3) “Armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.

Ongoing awards of tax credits

Modification of tax credits legislation: overpayments and penalties

Appeals etc relating to certain existing benefits

Appeals etc relating to universal credit

Restriction on claims for universal credit by persons entitled to a severe disability premium

2B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — MANAGED MIGRATION TO UNIVERSAL CREDIT

The Migration Process

Migration notice

45

• (1) The Department may, at any time, issue a notice (“a migration notice”) to a person who is entitled to an award of an existing benefit—

• (a) 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; and

• (b) specifying a day (“the deadline day”) by which a claim for universal credit must be made.

• (2) The migration notice may contain such other information as the Department considers appropriate.

• (3) Subject to paragraphs (3A) , (3B) and (3E), the deadline day must not be within the period of three months beginning with the day on which the migration notice is issued.

• (3A) ... Where a migration notice is issued after cancellation of a previous migration notice or after cancellation of a tax credit closure notice the deadline day may be within such shorter period as the Department considers appropriate.

• (3B) Where a migration notice is—

• (a) issued to a person who is entitled to an award of tax credit; and

• (b) issued on or after 27th January 2025 and before 6th April 2025, the deadline day may be 6th April 2025.

• (3C) Paragraph (3E) applies where—

• (a) a migration notice is issued to a claimant who is entitled to an award of income-based jobseeker’s allowance, income-related employment and support allowance or income support; and

• (b) the deadline day specified in the notice would be after the appointed day for Article 39(1)(a), (b) or (c) of the Order to come into operation in relation to the award.

• (3D) Paragraph (3E) also applies where—

• (a) a migration notice is issued to a claimant who is entitled to an award of housing benefit but not to an award of a benefit to which paragraph (3C)(a) refers; and

• (b) the deadline day specified in the notice would be after the appointed day for Article 39(1)(d) of the Order to come into operation in relation to the award.

• (3E) Where this paragraph applies, the deadline day may be the appointed day.

• (3F) In paragraphs (3C) and (3D), the ‘appointed day’ in relation to an award is a day specified in an order made under Article 2(2) of the Order which is not dependent on the making of a claim for universal credit, ignoring any provision in the order that has the effect that the appointed day does not apply when the day that would otherwise be the appointed day falls within a run-on period.

• (3G) In paragraph (3F)—

• (a) a reference to a claim for universal credit includes a reference to an award of universal credit made without a claim where an order under Article 2(2) of the Order provides for that award to result in the appointment of a day for the coming into operation of Article 39(1)(a) or (b) of the Order in relation to the case of the award; and

• (b) ‘run-on period’ means the two-week period mentioned in regulation 6(2A) or 47(1)(a) or in regulation 4(1) of the Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019.

• (4) 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 Department must also issue the migration notice to the other member (or members).

• (5) The Department may cancel a migration notice issued to any person—

• (a) if it has been issued in error; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in any other circumstances where the Department 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.

• (5A) In a case referred to in paragraph (5)(a) the Department may, instead of cancelling the migration notice, treat that notice as if it were a tax credit closure notice issued to that person and may treat the deadline day in the migration notice as if it were the deadline day in a tax credit closure notice.

• (6) A “notified person” is a person to whom a migration notice has been issued.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of the deadline day

46

• (1) The Department may determine that the deadline day should be changed to a later day either—

• (a) on the Department’s own initiative; or

• (b) if a notified person requests such a change before the deadline day,

where there is a good reason to do so.

• (2) The Department must inform the other notified person or persons of the new deadline day.

Termination of existing benefits if no claim before the deadline

47

• (1) Where a notified person has not made a claim for universal credit on or before the deadline day, all awards of any existing benefits to which the person is entitled terminate—

• (a) in the case of housing benefit in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations, income support, income-based jobseeker’s allowance or income-related employment and support allowance, on the last day of the period of two weeks beginning with the deadline day; and

• (b) in the case of housing benefit in the form of a rate rebate awarded in accordance with regulation 12 of the Housing Benefit Regulations or regulation 12 of the Housing Benefit (State Pension Credit) Regulations or a tax credit, on the day before the deadline day.

• (2) 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.

• (3) Where paragraph (1) applies and the notified person makes a claim for universal credit—

• (a) after the deadline day; and

• (b) on or before the final deadline specified in paragraph (4),

then, notwithstanding anything in regulation 25 of the Claims and Payments Regulations (time within which a claim for universal credit is to be made) as modified by regulation 14 of these Regulations, the award is to commence on the deadline day.

• (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.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notified persons who claim as a different benefit unit

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional Protection

Meaning of “qualifying claim”

49

A “qualifying claim” is a claim for universal credit by a single claimant who is a notified person or by joint claimants, both of whom are notified persons, where the claim is made on or before the final deadline (see regulation 47(4)).

Meaning of “migration day”

50

“Migration day”, in relation to a qualifying claim, means the day before the first day on which the claimant is entitled to universal credit in connection with that claim.

Department to determine whether transitional protection applies

51

• (1) Before making a decision on a qualifying claim the Department must first determine whether—

• (a) a transitional capital disregard is to apply; or

• (b) a transitional element is to be included,

(or both) in the calculation of the award.

• (2) But the Department is not to determine whether a transitional element is to be included in a case where-

• (a) 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; or

• (b) notified persons who were single for the purposes of an award of an existing benefit when the migration notice was issued are a couple for the purposes of a claim for universal credit; or

• (c) notified 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.

• (3) A person who makes a claim for universal credit as a single person by virtue of regulation 3(2) of the Universal Credit Regulations (Northern Ireland) is a single person for the purposes of paragraph (1)(a) and a member of a couple for the purposes of paragraph (1)(b).

The transitional capital disregard

52

• (1) A transitional capital disregard is to apply where, on the migration day, the claimant—

• (a) is entitled to an award of a tax credit; and

• (b) has capital exceeding £16,000.

• (2) Where a transitional capital disregard applies, any capital exceeding £16,000 is to be disregarded for the purposes of—

• (a) determining whether the financial condition in Article 10(1)(a) or (2)(a) of the Order (capital limit) is met; and

• (b) calculating the amount of an award of universal credit (including the indicative UC amount).

• (3) Where a transitional capital disregard has been applied in the calculation of an award of universal credit but, in any assessment period, the claimant no longer has (or joint claimants no longer have) capital exceeding £16,000, the transitional capital disregard is not to apply in any subsequent assessment period.

• (4) A transitional capital disregard is not to apply for more than 12 assessment periods.

The transitional element

53

• (1) A transitional element is to be included in the calculation of an award if the total amount of any awards of existing benefits determined in accordance with regulation 54 (“the total legacy amount”) is greater than the amount of an award of universal credit determined in accordance with regulation 55 (“the indicative UC amount”).

• (2) Where a transitional element is to be included in the calculation of an award, the amount of that element is to be treated for the purposes of Article 13 of the Order (calculation of awards), as if it were an additional amount to be included in the maximum amount under Article 13(2) before the deduction of income under Article 13(3).

The transitional element - total legacy amount

54

• (1) The total legacy amount is the sum of the representative monthly rates of all awards of any existing benefits to which a claimant is, or joint claimants are, entitled on the migration day.

Tax credits

• (2) To calculate the representative monthly rate of an award of working tax credit or child tax credit—

• (a) take the figure for the daily rate of the award on the migration day provided by HMRC and calculated on the basis of the information as to the claimant’s circumstances held by HMRC on that day; and

• (b) convert to a monthly figure by multiplying by 365 and dividing by 12.

• (3) For the purposes of paragraph (2)(a) “the daily rate” is—

• (a) in a case where section 13(1) of the Tax Credits Act 2002 applies (relevant income does not exceed the income threshold or the claimant is entitled to a prescribed social security benefit), the maximum rate of each element to which the claimant is entitled on the migration day divided by 365; and

• (b) in any other case, the rate that would be produced by applying regulations 6 to 9 of the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 as if the migration day were a relevant period of one day.

IS, JSA(IB) and ESA(IR)

• (4) To calculate the representative monthly rate of an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance—

• (a) take the weekly rate on the migration day calculated in accordance with—

• (i) in the case of income support, Part 7 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Income Support (General) Regulations (Northern Ireland) 1987,

• (ii) in the case of income-based jobseeker’s allowance, Part 1 of the Jobseekers Order 1995 and the JSA Regulations 1996, or

• (iii) in the case of income-related employment and support allowance, Part 1 of the 2007 Act the ESA Regulations 2008 and the ESA (Transitional Provisions) Regulations 2010,

on the basis of the information held by the Department on that day; and

• (b) convert to a monthly figure by multiplying by 52 and dividing by 12.

• (5) The amount of an award of income-based jobseeker’s allowance or income-related employment and support allowance is to be calculated before any reduction for a sanction.

• (6) Where —

• (a) a claimant who is entitled to income-based jobseeker’s allowance is also entitled to contribution-based jobseeker’s allowance; or

• (b) a claimant who is entitled to income-related employment and support allowance is also entitled to a contributory allowance,

then, notwithstanding Article 6(8) to (11) of the Jobseekers Order 1995 and section 6(3) to (7) of the 2007 Act (excess over the contributory allowance to be treated as attributable to the income-based, or income-related, allowance) the weekly rate in paragraph (4) is to be calculated as the applicable amount less the claimant’s income (if any).

Housing benefit

• (7) To calculate the representative monthly rate of an award of housing benefit , in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations,—

• (a) take the weekly rate on the migration day calculated in accordance with Part 7 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Housing Benefit Regulations, on the basis of the information held by the Department on that day, and convert to a monthly figure by multiplying by 52 and dividing by 12; or

• (b) in a case where the claimant has rent free periods, calculate the annual rate by multiplying the weekly rate (as above) by the number of weeks in the year in respect of which the claimant is liable to pay rent, and convert to a monthly figure by dividing by 12.

• (8) For the purposes of paragraph (7), if the migration day falls in a rent free period, the weekly rate of housing benefit is to be calculated by reference to the amount of rent for the last complete week that was not a rent free period.

• (9) In paragraphs (7) and (8) “rent free period” has the meaning in regulation 79 of the Housing Benefit Regulations.

• (10) In a case where regulation 6(3) (continuation of housing benefit in respect of specified accommodation or temporary accommodation) applies, no amount is to be included in the total legacy amount for housing benefit in respect of specified or temporary accommodation.

The benefit cap

• (11) Where—

• (a) the existing benefits do not include an award of housing benefit, or they include an award of housing benefit , in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations, that has been reduced to the minimum amount by virtue of Part 8A of the Housing Benefit Regulations (the benefit cap);

• (b) Part 7 of the Universal Credit Regulations (the benefit cap) applies in the calculation of the indicative UC amount; and

• (c) the claimant’s total entitlement to welfare benefits (as defined in Article 101(7) of the Order) on the migration day is greater than the relevant amount,

the total legacy amount is reduced by the excess (minus the amount for childcare costs referred to in regulation 55(2)(b) where applicable) over the relevant amount.

• (12) For the purposes of paragraph (11)—

• (a) the amount of each welfare benefit is the monthly equivalent calculated in the manner set out in regulation 73 (unearned income calculated monthly) of the Universal Credit Regulations; and

• (b) the “relevant amount” is the amount referred to in regulation 80A of those Regulations which is applicable to the claimant.

The transitional element - indicative UC amount

55

• (1) The indicative UC amount is the amount to which a claimant would be entitled if an award of universal credit were calculated in accordance with Article 13 of the Order by reference to the claimant’s circumstances on the migration day, applying the assumptions in paragraph (2).

• (2) The assumptions are—

• (a) if the claimant is entitled to an award of child tax credit, the claimant is responsible for any child or qualifying young person in respect of whom the individual element of child tax credit is payable;

• (b) if the claimant is entitled to an award of working tax credit that includes the childcare element, the indicative UC amount includes the childcare costs element and, for the purposes of calculating the amount of that element, the amount of the childcare costs is equal to the relevant weekly childcare charges included in the calculation of the daily rate referred to in regulation 54(2), converted to a monthly amount by multiplying by 52 and dividing by 12;

• (c) the amount of the claimant’s earned income is—

• (i) if the claimant is entitled to an award of a tax credit, the annual amount of any employment income or trading income, as defined by regulation 4 or 6 respectively of the Tax Credits (Definition and Calculation of Income) Regulations 2002, by reference to which the representative monthly rate of that tax credit is calculated for the purposes of regulation 54(2) converted to a net monthly amount by—

• (aa) dividing by 12, and

• (bb) deducting such amount for income tax and national insurance contributions as the Department considers appropriate;

• (ii) if paragraph (i) does not apply and the claimant is entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance, the amount of earnings by reference to which the representative monthly rate of that benefit was calculated for the purposes of regulation 54(4) to (6) (including nil if none were taken into account) converted to a monthly amount by multiplying by 52 and dividing by 12, or

• (iii) if paragraphs (i) and (ii) do not apply, but the claimant had an award of housing benefit, the amount of earnings by reference to which the representative monthly rate of that benefit was calculated for the purposes of regulation 54(7) to (10) (including nil if none were taken into account) converted to a monthly amount by multiplying by 52 and dividing by 12.

• (3) If the claimant would not meet the financial condition in Article 10(1)(b) of the Order (or, in the case of joint claimants, they would not meet the condition in Article 10(2)(b) of the Order) the claimant is to be treated, for the purposes of calculating the indicative UC amount, as if they were entitled to an award of universal credit of a nil amount.

• (4) If a transitional capital disregard is to apply, the claimant is to be treated as having met the financial condition in Article 10(1)(a) or (2)(a) of the Order (capital limit).

• (5) The indicative UC amount is to be calculated after any reduction under Part 7 of the Universal Credit Regulations (the benefit cap) but before any reduction under Article 31 (higher-level sanctions) or 32 (other sanctions) of the Order.

• (6) But there is to be no reduction for the benefit cap under that Part where the amount of the claimant’s earned income (or, in the case of a couple their combined earned income) on the migration day, calculated in accordance with paragraph (2)(c), is equal to or exceeds the amount specified in regulation 82(1)(a) of the Universal Credit Regulations (exceptions – earnings).

• (7) The calculation of the indicative UC amount is to be based on information that is used for the purposes of calculating the total legacy amount, supplemented as necessary by such further information or evidence as the Department requires.

The transitional element – initial amount and adjustment where other elements increase

56

• (1) The initial amount of the transitional element is—

• (a) if the indicative UC amount is greater than nil, the amount by which the total legacy amount exceeds the indicative UC amount; or

• (b) if the indicative UC amount is nil, the total legacy amount plus any amount by which the income which fell to be deducted in accordance with Article 13(3) of the Order exceeded the maximum amount.

• (2) The amount of the transitional element to be included in the calculation of an award is—

• (a) for the first assessment period, the initial amount;

• (b) for the second assessment period, the initial amount reduced by the sum of any relevant increases in that assessment period;

• (c) for the third and each subsequent assessment period, the amount that was included for the previous assessment period reduced by the sum of any relevant increases (as in sub-paragraph (b)).

• (3) If the amount of the transitional element is reduced to nil in any assessment period, a transitional element is not to apply in the calculation of the award for any subsequent assessment period.

• (4) A “relevant increase” is , subject to paragraphs (5) and (5A), an increase in any of the amounts that are included in the maximum amount under Articles 14 to 17 of the Order (including any of those amounts that is included for the first time , or included again following a change of circumstances), apart from the childcare costs element.

• (5) In cases where the LCW is replaced by the LCWRA element, the “relevant increase” is to be treated as the difference between the amounts of those elements.

• (5A) There is to be no “relevant increase” with respect to the inclusion of a housing costs element in a case where the claimant was entitled to an award of housing benefit in respect of specified accommodation or temporary accommodation within the month ending with the first day of the assessment period in which the housing costs element is included.

• (6) In this regulation “housing costs element”, “LCW element” and “LCWRA element” have the same meaning as in regulation 2 of the Universal Credit Regulations.”

Ending of transitional protection

Circumstances in which transitional protection ceases

57

• (1) A transitional capital disregard or a transitional element does not apply in any assessment period to which paragraph (2) , (3A) or (4) applies, or in any subsequent assessment period.

Cessation of employment or sustained drop in earnings

• (2) This paragraph applies to an assessment period other than an assessment period in relation to an award of universal credit mentioned in regulation 61A(1) (waiver of upper age limit for claimants migrated from tax credits) if the following condition is met—

• (a) in the case of a single claimant—

• (i) it is the assessment period after the third consecutive assessment period in which the claimant’s earned income is less than the amount specified in regulation 97(14)(a) of the Universal Credit Regulations (“the single administrative threshold”), and

• (ii) in the first assessment period of the award, the claimant’s earned income was equal to or more than that threshold; or

• (b) in the case of joint claimants—

• (i) it is the assessment period after the third consecutive assessment period in which their combined earned income is less than the amount specified in regulation 97(14)(b) of the Universal Credit Regulations (“the couple administrative threshold”), and

• (ii) in the first assessment period of the award, their combined earned income was equal to or more than that threshold.

• (3) For the purposes of paragraph (2)—

• (a) references to the amount specified in regulation 97(14)(a) and 97(14)(b) respectively of the Universal Credit Regulations (Northern Ireland) 2016 are to the amount that was applicable on the first day of the award; and

• (b) a claimant is to be treated as having earned income that is equal to or more than the single administrative threshold and the couple administrative threshold respectively in any assessment period in respect of which regulation 63 (minimum income floor) of the Universal Credit Regulations (Northern Ireland) 2016 applies to that claimant or would apply but for regulation 63(6) of those Regulations (minimum income floor not to apply in a start-up period).

• (3A) This paragraph applies to an assessment period in relation to an award of universal credit mentioned in regulation 61A(1) (waiver of upper age limit for claimants migrated from tax credits) which—

• (a) is not one of the first 12 assessment periods; and

• (b) is the assessment period after the third consecutive assessment period in which the claimant’s earned income, (or, if the claimant is a member of a couple the couple’s combined earned income) is less than the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations 2015 for 16 hours a week converted to a monthly amount by multiplying by 52 and dividing by 12.

Couple separating or forming

• (4) This paragraph applies to an assessment period in which—

• (a) joint claimants cease to be a couple or become members of a different couple; or

• (b) a single claimant becomes a member of a couple, unless it is a case where the person may, by virtue of regulation 3(2) of the Universal Credit Regulations (claimant with an ineligible partner), claim as a single person.

Application of transitional protection to a subsequent award

58

• (1) Where—

• (a) a transitional capital disregard is applied, or a transitional element is included, in the calculation of an award, and that award terminates; or

• (b) the Department determines (in accordance with regulation 51) that a transitional capital disregard is to apply, or a transitional element is to be included in the calculation of an award, but the decision on the qualifying claim is that there is no entitlement to an award,

no transitional capital disregard is to apply and no transitional element is to be included in the calculation of any subsequent award unless paragraph (2) applies.

• (2) This paragraph applies if—

• (a) the reason for the previous award terminating or, as the case may be, there being no entitlement to an award, was that the claimant (or joint claimants) had earned income on account of which the financial condition in Article 10(1)(b) or (2)(b) of the Order (income is such that the amount payable is at least 1p) was not met; and

• (b) the claimant becomes entitled to an award within the period of three months beginning with—

• (i) where paragraph (1)(a) applies, the last day of the month that would have been the final assessment period of the previous award (had it not terminated), or

• (ii) where paragraph (1)(b) applies, the day that would have been the last day of the first assessment period had there been entitlement to an award.

• (3) Where paragraph (2) applies in a case where a previous award has terminated, the new award is to be treated for the purposes of regulation 52 (transitional capital disregard), 56 (transitional element – initial amount and adjustment where other elements increase) and 57 (circumstances in which transitional protection ceases) as if it were a continuation of that award.

Miscellaneous

Qualifying claim – Department may set later commencement day

59

Where the Department decides a qualifying claim, and it is not a case where the award is to commence before the date of claim by virtue of regulation 47(3) ... (claim made by the final deadline) or regulation 25 of the Claims and Payments Regulations (time within which a claim for universal credit is to be made) as modified by regulation 14 of these Regulations, the Department may determine a day on which the award of universal credit is to commence that is after, but no more than one month after, the date of claim.

Minimum income floor not to apply for first 12 months

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection for full-time students until course completed

61

• (1) Where a person who has made a qualifying claim does not meet the basic condition in Article 9(1)(d) of the Order (not receiving education) on the migration day because the person is undertaking a full-time course (see regulation 12(2) and 13 of the Universal Credit Regulations), that condition is not to apply in relation to the person while they are continuing to undertake that course.

• (2) Paragraph (1) does not apply to any assessment period in respect of which a transitional element or transitional capital disregard would (if the claimant had been entitled to that element or that disregard) have ceased to apply by virtue of regulation 57 (circumstances in which transitional protection ceases) or regulation 58 (application of transitional protection to a subsequent award).”.

Rounding

62

Regulation 7 of the Universal Credit Regulations (rounding) applies for the purposes of calculating any amount under this Part.

Effect of revision, appeal etc. of an award of an existing benefit

63

• (1) Nothing in regulation 54 (total legacy amount) or 55 (indicative UC amount) requiring a calculation in relation to the transitional element to be made on the basis of information held on the migration day prevents the Department from revising or superseding a decision in relation to a claim for, or an award of, universal credit where—

• (a) in the opinion of the Department, the information held on that day was inaccurate or incomplete in some material respect because of—

• (i) a misrepresentation by a claimant,

• (ii) a failure to report information that a claimant was required to report where that failure was advantageous to the claimant, or

• (iii) an official error; or

• (b) a decision has been made on or after the migration day on—

• (i) an application made before migration day to revise or supersede a decision in relation to an award of an existing benefit (including the report of a change of circumstances), or

• (ii) an appeal in relation to such an application.

• (2) In this regulation “official error” means an error that—

• (a) was made by an officer of, or an employee of a body acting on behalf of, the Department, HMRC or the Northern Ireland Housing Executive; and

• (b) was not caused, or materially contributed to, by any person outside that body or outside the Department, HMRC or the Northern Ireland Housing Executive,

but excludes any error of law which is shown to have been such by a subsequent decision of the Commissioner or of a court as defined in Article 27(7) of the Social Security Order 1998.

Claimants previously entitled to a severe disability premium

64

Schedules 2 and 3 contain provision in respect of certain claimants who have been entitled to a benefit which included a severe disability premium.

Discretionary hardship payments

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — Claimants previously entitled to a severe disability premium

Determination by the Department

1

This Schedule applies to an award of universal credit where the following conditions are met in respect of the claimant, or each of joint claimants.

2

The first condition is that the award was not made as a consequence of the claimant becoming a member of a couple where the other member was already entitled to an award of universal credit.

3

The second condition is that the claimant—

• (a) was entitled (or was a member of a couple the other member of which was entitled) to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium within the month immediately preceding the first day of the award of universal credit; and

• (b) continued to satisfy the conditions for eligibility for a severe disability premium up to and including the first day of that award.

4

Where this Schedule applies (subject to paragraphs 6 and 7), a transitional SDP element is to be included in the calculation of the award and the amount of that element is to be treated, for the purposes of Article 13 of the Order, as if it were an additional amount to be included in the maximum amount under Article 13(2) before the deduction of income under Article 13(3).

Conversion to a transitional element

5

The amount of the transitional SDP element in the first assessment period is—

• (a) in the case of a single claimant—

• (i) £143.37, if the LCWRA element is included in the award, or

• (ii) £340.50, if the LCWRA element is not included in the award;

• (b) in the case of joint claimants—

• (i) £483.88, if the higher severe disability premium rate is payable on the first day of the award and no person becomes a carer for either of them in the first assessment period,

• (ii) £143.37, if paragraph (i) does not apply and the LCWRA element is included in the award in respect of either of them, or

• (iii) £340.50, if paragraph (i) does not apply and the LCWRA element is not included in the award in respect of either of them.

6

In respect of the second and each subsequent assessment period, regulation 56(2) (adjustment where other elements increase), regulation 57 (circumstances in which transitional protection ceases) and regulation 58 (application of transitional protection to a subsequent award) are to apply in relation to the transitional SDP element as if it were a transitional element in respect of which the amount calculated in accordance with paragraph 5 was the initial amount.

Capital disregard

7

The award is not to include a transitional SDP element where the claim was a qualifying claim and the award is to include a transitional element.

Interpretation

8

• (1) In this Schedule—

• “LCWRA element” has the meaning in the Universal Credit Regulations;

• “the higher SDP rate” is the rate specified in paragraph 11(2)(b)(ii) of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 or, as the case may be, the corresponding rate of a severe disability premium in relation to income support or income-based jobseeker’s allowance.

• (2) In paragraph 5(b)(i) the reference to a person being a carer for another person is to the person being entitled to, and in receipt of, a carer’s allowance or carer support payment or having an award of universal credit which includes the carer element in respect of caring for that other person.

• (3) In sub-paragraph (2) “carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Arrears of maternity allowance disregarded as capital

8B

• (1) This regulation applies in relation to the calculation of an award of universal credit where—

• (a) the conditions set out in regulation 8A(1)(a) to (d) are met; and

• (b) the claimant has received a payment of arrears of maternity allowance, or a payment made to compensate for arrears due to the non-payment of maternity allowance, of under £5,000.

• (2) Where this regulation applies, notwithstanding anything in the Universal Credit Regulations, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment.

• (3) “Maternity allowance” means a maternity allowance under section 35 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (state maternity allowance for employed or self-employed earner).

Ongoing awards of tax credits

Modification of tax credits legislation: overpayments and penalties

Appeals etc relating to certain existing benefits

Appeals etc relating to universal credit

Compensatory payment disregard as capital

8C

• (1) This regulation applies in relation to the calculation of an award of universal credit where—

• (a) the claimant has received a payment made to rectify, or compensate for, an error made by an officer of the Department which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance; and

• (b) the payment is received before the first date on which, by virtue of Article 39 of the Order (abolition of benefits), no claimant is entitled to an existing benefit.

• (2) Where this regulation applies and the amount of the payment is less than £5,000, the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment.

• (3) Where—

• (a) this regulation applies;

• (b) the amount of the payment is £5,000 or more; and

• (c) the conditions set out in regulation 8A(1)(a) and (c) are met,

the payment is to be disregarded from the calculation of the claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later).

Ongoing awards of tax credits

Modification of tax credits legislation: overpayments and penalties

Appeals etc relating to certain existing benefits

Appeals etc relating to universal credit

Effect on universal credit award of two week run-on of income support, income-based jobseeker’s allowance and income-related employment and support allowance

6B

In a case where an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance is to continue for two weeks after the commencement of an award of universal credit by virtue of regulation 6(2A) or 47(1) or by virtue of regulation 4 (two week run-on of income-based jobseeker’s allowance and income-related employment and support allowance: day appointed for abolition) of the Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019—

• (a) regulation 79 of the Universal Credit Regulations applies as if the benefit in question was not included in the list of welfare benefits in Article 101(7) of the Order (benefit cap); and

• (b) in a case where the claimant has become entitled to an award of new style JSA or new style ESA on the termination of an award of income-based jobseeker’s allowance or income-related employment and support allowance, the claimant is to be treated, for the purposes of regulation 73 of the Universal Credit Regulations (unearned income calculated monthly), as if they had been entitled to that award of new style JSA or new style ESA from the first day of the award of universal credit

Treatment of ongoing entitlement to certain benefits: benefit cap

Treatment of overpayments

Arrears of benefit disregarded as capital

Arrears of maternity allowance disregarded as capital

Compensatory payment disregard as capital

Ongoing awards of tax credits

Modification of tax credits legislation: overpayments and penalties

Appeals etc relating to certain existing benefits

Appeals etc relating to universal credit

Restriction on claims for housing benefit, income support or a tax credit

4A

• (1) Except as provided by paragraphs (2) to (5) a person may not make a claim for housing benefit, income support, or a tax credit.

• (2) Paragraph (1) does not apply to a claim for housing benefit in respect of specified accommodation or temporary accommodation.

• (3) Paragraph (1) does not apply to a claim for housing benefit that is made during the last assessment period of an award of universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, in respect of entitlement arising from the date the claimant reaches that age.

• (4) Paragraph (1) does not apply to a claim for housing benefit by a single person who has reached the qualifying age for state pension credit, or a member of a State Pension Credit Act couple where both members have reached that age or a member of a polygamous marriage where all members have reached that age.

• (5) Paragraph (1) does not apply to a claim for housing benefit where—

• (a) the claim is made by a member of a State Pension Credit Act couple who has reached the qualifying age for state pension credit and the other member has not reached that age; and

• (b) one of the savings in the sub-paragraphs of article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 2019 applies and the saving has not ceased to have effect under article 4(2) of that order.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) For the purposes of this regulation—

• (a) “polygamous marriage” has the same meaning as in regulation 3(4) of the Universal Credit Regulations;

• (b) “State Pension Credit Act couple” means a couple as defined in section 17(1) of the State Pension Credit Act (Northern Ireland) 2002,

...

• (9) Despite anything in ... the Tax Credits (Claims and Notifications) Regulations 2002, a person may not make, or be treated as making, a claim for a tax credit in respect of the whole, or any part, of the tax year beginning on 6th April 2025 or any subsequent tax year.

Termination of awards of certain existing benefits: other claimants

Transitional housing payment

Effect on universal credit award of two week run-on of income support, income-based jobseeker’s allowance and income-related employment and support allowance

Treatment of ongoing entitlement to certain benefits: benefit cap

Treatment of overpayments

Arrears of benefit disregarded as capital

Arrears of maternity allowance disregarded as capital

Compensatory payment disregard as capital

Ongoing awards of tax credits

Modification of tax credits legislation: finalisation of tax credits

Appeals etc relating to certain existing benefits

Appeals etc relating to universal credit

9

For the purposes of paragraph 3(b) and 5(b)(i), paragraph 6(6) of Schedule 4 to the ESA Regulations 2008 or, as the case may be, the corresponding provision in relation to income support or income-based jobseeker’s allowance, is to be disregarded.

Schedule 3 — Additional 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

1

This Schedule applies to an award of universal credit where—

• (a) in the first assessment period beginning on or after 14th February 2024 the award includes a transitional SDP element by virtue of Schedule 2 or a transitional SDP amount by virtue of that Schedule as saved by regulation 3 of the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) (Amendment) Regulations (Northern Ireland) 2021, or would have done had it not been eroded to nil by virtue of regulation 56 (the transitional element – initial amount and adjustment where other elements increase); and

• (b) at least one of the conditions in paragraph 4 is satisfied.

2

This Schedule does not apply where the claim was a qualifying claim and the award is to include a transitional element.

3

Where this Schedule applies, in the assessment period described in paragraph 1—

• (a) the transitional SDP element or, as the case may be, the transitional SDP amount, is to be increased by the additional amount specified in paragraph 5; and

• (b) if the transitional SDP element or, as the case may be, the transitional SDP amount, has been reduced to nil by virtue of regulation 56, the additional amount is to be treated as if it were the initial amount of a transitional element calculated under regulation 56(1).

4

The conditions referred to in paragraph 1(b) above are that—

• (a) within the month immediately preceding the first day of the award the claimant was entitled (or was a member of a couple the other member of which was entitled) to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included an enhanced disability premium, and continued to satisfy the conditions for eligibility for the enhanced disability premium up to and including the first day of the award of universal credit;

• (b) within the month immediately preceding the first day of the award the claimant was entitled (or was a member of a couple the other member of which was entitled) to an award of income support or income-based jobseeker’s allowance that included a disability premium and continued to satisfy the conditions for eligibility for a disability premium up to and including the first day of the award of universal credit; and/or

• (c) within the month immediately preceding the first day of the award the claimant was entitled to an award of income support or income-based jobseeker’s allowance that included a disabled child premium, or an award of child tax credit that included the disabled child element at the rate for a child or qualifying young person who is disabled but not severely disabled, and continued to satisfy the conditions for eligibility for the disabled child premium or the disabled child element up to and including the first day of the universal credit award and is entitled in the assessment period described in paragraph 1 to the lower rate of the disabled child addition in universal credit.

5

The additional amount is—

• (a) in the case of a single claimant—

• (i) £91.15 for a claimant meeting the condition in paragraph 4(a);

• (ii) £186.64 for a claimant meeting the condition in paragraph 4(b); and

• (iii) £192.07 per disabled child or qualifying young person for a claimant meeting the condition in paragraph 4(c);

• (b) in the case of joint claimants—

• (i) £130.22 for claimants meeting the condition in paragraph 4(a);

• (ii) £266.94 for claimants meeting the condition in paragraph 4(b); and

• (iii) £192.07 per disabled child or qualifying young person for claimants meeting the condition in paragraph 4(c).

6

The Department may, having regard to the efficient administration of universal credit, decide the time and manner in which the payments of the additional amount are to be paid to claimants already in receipt of universal credit on the date this Schedule comes into operation.

7

In this Schedule—

• “disability premium” means the premium in relation to income-based jobseeker’s allowance under paragraph 13 of Part III of Schedule 1 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 or, as the case may be, the corresponding premium in relation to income support;

• “disabled child element” has the meaning in section 9(2)(c) of the Tax Credits Act 2002;

• “disabled child premium” means the premium in relation to income-based job-seeker’s allowance under paragraph 16 of Part III of Schedule 1 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 or, as the case may be, the corresponding premium in relation to income support;

• “enhanced disability premium” means the premium in relation to income-related employment and support allowance under paragraph 7 of Part 2 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008 or, as the case may be, the corresponding premium in relation to income support or income-based jobseeker’s allowance.

Waiver of upper age limit for claimants migrated from tax credits

61A

• (1) Where a qualifying claim is made by—

• (a) a single claimant who, at the time the migration notice is issued—

• (i) has reached the qualifying age for state pension credit;

• (ii) is entitled to an award of working tax credit; and

• (iii) is not entitled to an award of state pension credit; or

• (b) joint claimants both of whom satisfy the criteria in sub-paragraph (a)(i) to (iii) at the time the migration notice is issued,

then, subject to paragraphs (2) and (3), the condition in Article 9(1)(b) of the Order (claimant has not reached the qualifying age for state pension credit) is not to apply for the purposes of determining entitlement to universal credit in respect of the qualifying claim or any award made in respect of that claim.

• (2) The reference in paragraph (1) to a person who is entitled to an award of working tax credit includes a person who meets the entitlement conditions for both that credit and child tax credit.

• (3) Paragraph (1) ceases to apply in respect of an award of universal credit mentioned in paragraph (1) in an assessment period in which—

• (a) a transitional element or transitional capital disregard would cease to apply by virtue of regulation 57 (circumstances in which transitional protection ceases) or regulation 58 (application of transitional protection to a subsequent award); or

• (b) a person who is entitled to an award of universal credit by virtue of paragraph (1) makes a claim for state pension credit.

Deferral of retirement pension income

61B

• (1) Where, at the time a migration notice is issued, the notified person—

• (a) has reached the qualifying age for state pension credit;

• (b) is entitled to an award of a tax credit; and

• (c) has not made an application for retirement pension income to which they might expect to be entitled,

regulation 74 (notional unearned income) of the Universal Credit Regulations is not, subject to paragraph (2), to apply in relation to that person for the purpose of calculating the amount of an award of universal credit (including the indicative UC amount) until the assessment period following the first 12 assessment periods of an award made in respect of a qualifying claim by that person.

• (2) This regulation ceases to apply in an assessment period in which a transitional element or transitional capital disregard would cease to apply by virtue of regulation 57 (circumstances in which transitional protection ceases) or regulation 58 (application of transitional protection to a subsequent award).

• (3) In this regulation “retirement pension income” has the same meaning as in regulation 67 (meaning of “retirement pension income”) of the Universal Credit Regulations.

Exemption from the benefit cap

61C

Where a qualifying claim is made by a single claimant who has, or joint claimants both of whom have, reached the qualifying age for state pension credit, regulation 79 (circumstances where the benefit cap applies) of the Universal Credit Regulations is not to apply for the purpose of calculating the amount of an award of universal credit (including the indicative UC amount).

Rounding

Effect of revision, appeal etc. of an award of an existing benefit

Claimants previously entitled to a severe disability premium

Discretionary hardship payments

Claimants who have lost certain transitional protection because of error

64A

• (1) Paragraph (2) applies to a person who—

• (a) made a qualifying claim that did not result in an award because the Department could not verify their identity;

• (b) despite the qualifying claim, continued to receive old style ESA; and

• (c) has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Department notified them that they could do so for the purposes of this sub-paragraph.

• (2) The Department may, for the purposes of regulation 19(1)(a) or 20(1)(a), treat the person as having been entitled to old style ESA on the date on which the subsequent claim was made or treated as made.

• (3) Paragraph (4) applies to a person who—

• (a) made a qualifying claim that did not result in an award because the Department could not verify their identity;

• (b) despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included a severe disability premium; and

• (c) has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Department notified them that they could do so for the purposes of this sub-paragraph.

• (4) The Department may, for the purposes of paragraph 3(a) of Schedule 2, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium within the month immediately preceding the first day of the award of universal credit.

• (5) Paragraph (6) applies to a person who—

• (a) made a qualifying claim that did not result in an award because the Department could not verify their identity;

• (b) despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included an enhanced disability premium, a disability premium or a disabled child premium; and

• (c) has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Department notified them that they could do so for the purposes of this sub-paragraph.

• (6) The Department may—

• (a) for the purposes of paragraph 4(a) of Schedule 3, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included an enhanced disability premium;

• (b) for the purposes of paragraph 4(b) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disability premium; and

• (c) for the purposes of paragraph 4(c) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disabled child premium,

within the month immediately preceding the first day of the award of universal credit.

Discretionary hardship payments