The Universal Credit Regulations 2013

• “hostel” means a building—in which there is provided, for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both; andwhich—is managed or owned by a provider of social housing other than a local authority, oris operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority, oris managed by a voluntary organisation or a registered charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; andwhich is not a care home;

• “hostel for homeless people” means a hostel the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

• “person acting in an official capacity” means a health care professional (within the meaning given by regulation 98(4)), a police officer, a registered social worker (within the meaning given by regulation 98(4)), the victim’s employer, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

• “positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;

• “the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005);

• “trafficking in human beings” has the same meaning as in the Trafficking Convention.

PART 5 — Social rented sector ...

Application of Part 5

30

• (1) This Part applies to renters who are liable to make rent payments to a provider of social housing.

• (2) Sub-paragraph (1) applies irrespective of whether renters are also liable to make service charge payments.

Amount taken into account as the relevant payment

Deduction from relevant payments of amounts relating to use of particular accommodation

31

In determining the amount of any relevant payment to be taken into account under paragraph 6, a deduction is to be made for any amount which the Secretary of State is satisfied—

• (a) is included in the relevant payment; but

• (b) relates to the supply to the accommodation of a commodity (such as water or fuel) for use by any member of the renter's extended benefit unit.

Power to apply to rent officer if relevant payments excessive

32

• (1) Sub-paragraph (2) applies where it appears to the Secretary of State that the amount of any relevant payment for which the renter is liable in respect of accommodation occupied by the renter is greater than it is reasonable to meet by way of the housing costs element under this Part.

• (2) The Secretary of State may apply to a rent officer for a determination to be made as to the amount of the relevant payment by the officer in exercise of the officer's Housing Act functions.

• (3) Sub-paragraph (4) applies in any case where a rent officer determines that a landlord might, at the time of the application under sub-paragraph (2), reasonably have expected to obtain a lower amount of the description of relevant payment referred to the rent officer.

• (4) The lower amount determined by the rent officer is to be used in making the calculation under this Part, instead of the amount of the relevant payment for which the renter is liable, unless the Secretary of State is satisfied that it is not appropriate to use that lower amount.

The calculation of the housing costs element under this Part

The amount of housing costs element

33

The amount of the renter's housing costs element under this Part is to be calculated by reference to the formula—

Determining the amount from which HCC deductions are to be made

34

Except where paragraph 35 applies, amount S referred to in paragraph 33 is to be found as follows.

Step 1Determine which relevant payments are to be taken into account under paragraph 6 and determine the amount of each of them (applying paragraphs 31 and 32(3) and (4) as necessary).

Step 2Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 7, determine the amount of the payment in respect of a month.

Step 3If there is more than one relevant payment, add together the amounts determined in step 2 in relation to all relevant payments.

Step 4Determine under paragraph 36(1) whether an under-occupation deduction is to be made and, if one is to be made, determine the amount of the deduction under paragraph 36(2) and deduct it from the amount resulting from step 2 or 3 (as the case may be).The result is amount S from which the sum of the housing costs contributions are to be deducted under paragraph 33.

Determining the amount from which HCC deductions are to be made: joint tenants

35

• (1) This paragraph applies where, in respect of the accommodation occupied by the renter, one or more persons other than the renter is liable to make relevant payments which are of the same description as those for which the renter is liable and which are to be taken into account under paragraph 6.

• (2) Amount S referred to in paragraph 33 is to be found as follows.

Step 1Determine the total of all relevant payments referred to in sub-paragraph (1) for which the renter and others are liable in respect of the accommodation taken as a whole (applying paragraphs 31 and 32(3) and (4) as necessary).

Step 2Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 7, determine the amount of the payment in respect of a month.

Step 3Add together all of the amounts determined in step 2 in relation to all relevant payments.

Step 4Find amount S in accordance with whichever of sub-paragraphs (3) to (5) applies in the renter's case.The result is amount S from which the sum of the housing costs contributions are to be deducted under paragraph 33.3Where the only persons liable to make relevant payments are listed persons, amount S is the amount resulting from step 3 in sub-paragraph (2) less the amount of the under-occupation deduction (if any) required by paragraph 36.4Where the persons liable for the relevant payments are one or more listed persons and one or more other persons, amount S is to be found by the applying the formula—$( A B ) x C$where—“A” is the amount resulting from step 3 in sub-paragraph (2),“B” is the total number of all persons (including listed persons) liable to make the relevant payments, and“C” is the number of listed persons liable to make relevant payments.5If the Secretary of State is satisfied that it would be unreasonable to determine amount S in accordance with sub-paragraph (4), amount S is to be determined in such manner as the Secretary of State considers appropriate in all the circumstances, having regard (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.

Under-occupancy deduction

36

• (1) A deduction for under-occupancy is to be made under this paragraph where the number of bedrooms in the accommodation exceeds the number of bedrooms to which the renter is entitled under paragraphs 8 to 12.

• (2) Where a deduction is to be made, the amount of the deduction is to be determined by the formula—

$$A x B$where—“A”—in relation to any deduction under paragraph 34, is the amount resulting from step 2 or 3 in that paragraph (as the case may be), orin relation to any deduction under paragraph 35(3), is the amount resulting from step 3 in paragraph 35(2);“B” is the relevant percentage.$

• (3) The relevant percentage is 14% in the case of one excess bedroom.

• (4) The relevant percentage is 25% in the case of two or more excess bedrooms.

• (5) No deduction for under-occupation is to be made in calculating the amount of the renter's housing costs element under this Part in any case to which regulation 26(4) to (6) (shared ownership) applies.

• (6)

• (a) No deduction for under occupation is to be made in calculating the amount of a renter’s housing cost element under this part where—

• (i) domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s extended benefit unit (“the victim”) by that person’s partner or former partner, or by a relative;

• (ii) the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a qualifying young person and is a dependant of a member of the claimant’s extended benefit unit; and

• (iii) the claimant provides evidence from a person acting in an official capacity which demonstrates that the claimant is living in a property adapted under a sanctuary scheme and—

• (aa) the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and

• (bb) the victim has made contact with the person acting in an official capacity in relation to such an incident;

• (b) in this paragraph—

• “person acting in an official capacity” has the meaning given to it in regulation 98(4) of these Regulations;

• ...

• “sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.

SCHEDULE 5 — Housing costs element for owner-occupiers

PART 1 — General

Introduction

1

• (1) This Schedule contains provisions about claimants to whom regulation 26(3) applies.

• (2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “owner-occupiers” (and references to “joint owner-occupiers” are to joint claimants to whom regulation 26(3) applies).

• (3) Part 2 of this Schedule sets out an exception to section 11(1) of the Act for certain owner-occupiers in whose case an award of universal credit is not to include an amount of housing costs element calculated under this Schedule.

• (4) Part 3 of this Schedule provides for a qualifying period that is to elapse before an amount of housing costs element calculated under this Schedule may be included in an owner-occupier's award of universal credit.

• (5) Part 4 provides for the calculation of the amount of housing costs element to be included under this Schedule in an owner-occupier's award of universal credit.

Interpretation

2

In this Schedule—

• ...

• ...

• “joint owner-occupier” has the meaning given in paragraph 1(2);

• ...

• “owner-occupier” means a single owner-occupier within the meaning of paragraph 1(2) or each of joint owner-occupiers;

• “qualifying period” has the meaning given in paragraph 5(2);

• “relevant date” means, in relation to an owner-occupier, the date on which an amount of housing costs element calculated under this Schedule is first included in the owner-occupier’s award;

• “relevant payments” has the meaning given in paragraph 3;

• ...

“Relevant payments” for purposes of this Schedule

3

• (1) “Relevant payments” means one or more payments which are service charge payments.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) “Service charge payments” is to be understood in accordance with paragraphs 7 and 8 of that Schedule.

PART 2 — Exception to inclusion of housing costs element

No housing costs element where owner-occupier has any earned income

4

• (1) Section 11(1) of the Act (housing costs) does not apply to any owner-occupier in relation to an assessment period where—

• (a) the owner-occupier has any earned income; or

• (b) if the owner-occupier is a member of a couple, either member of the couple has any earned income.

• (2) Sub-paragraph (1) applies irrespective of the nature of the work engaged in, its duration or the amount of the earned income.

• (3) Nothing in this paragraph prevents an amount calculated under Schedule 4 from being included in the award of any claimant who falls within regulation 26(4) to (6) (shared ownership).

PART 3 — No housing costs element for qualifying period

No housing costs element under this Schedule for qualifying period

5

• (1) An owner-occupier's award of universal credit is not to include any amount of housing costs element calculated under this Schedule until the beginning of the assessment period that follows the assessment period in which the qualifying period ends.

• (2) “Qualifying period” means a period of—

• (a) in the case of a new award, 9 consecutive assessment periods in relation to which——

• (i) the owner-occupier has been receiving universal credit, and

• (ii) would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award;

• (b) in any case where an amount calculated under this Schedule has for any reason ceased to be included in the award, 9 consecutive assessment periods in relation to which the owner-occupier would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award.

• (3) Where, before the end of a qualifying period, an owner-occupier for any reason ceases to qualify for the inclusion of an amount calculated under this Schedule—

• (a) that qualifying period stops running; and

• (b) a new qualifying period starts only when the owner-occupier again meets the requirements of sub-paragraph (2)(a) or (b).

Application of paragraph 5: receipt of JSA and ESA

6

• (1) This paragraph applies to any owner-occupier who immediately before the commencement of an award of universal credit is entitled to—

• (a) a jobseeker's allowance; or

• (b) an employment and support allowance.

• (2) In determining when the qualifying period in paragraph 5 ends in relation to the owner-occupier, any period that comprises only days on which the owner-occupier was receiving a benefit referred to in sub-paragraph (1) may be treated as if it were the whole or part of one or more assessment periods, as determined by the number of days on which any such benefit was received.

Application of paragraph 5: joint owner-occupiers ceasing to be a couple

7

• (1) This paragraph applies where—

• (a) an award of universal credit to joint owner-occupiers is terminated because they cease to be a couple; and

• (b) a further award is made to one of them (or to each of them); and

• (c) in relation to the further award (or in relation to each further award), the occupation condition is met in respect of the same accommodation as that occupied by the joint owner-occupiers as their home.

• (2) In determining when the qualifying period in paragraph 5 ends in relation to the further award (or each further award), the whole or part of any assessment period which would have counted in relation to the award that is terminated is to be carried forward and taken into account in relation to the further award (or each further award).

• (3) But where, immediately before the joint owner-occupiers' award was terminated, an amount of housing costs element calculated under this Schedule was already included in the award, no qualifying period under paragraph 5 applies to the owner-occupier in relation to the commencement of the further award (or each further award).

• (4) For the purposes of sub-paragraph (1)(b), it is irrelevant whether the further award—

• (a) is made on a claim; or

• (b) by virtue of regulation 9(6) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 is made without a claim.

PART 4 — Calculation of amount of housing costs element for owner-occupiers

Payments to be taken into account

8

• (1) Where an owner-occupier meets the payment condition, liability condition and occupation condition in respect of one or more relevant payments and the qualifying period has ended, each of the relevant payments is to be taken into account for the purposes of the calculation under this Part.

• (2) No account is to be taken of any amount of a relevant payment to the extent that the conditions referred to in sub-paragraph (1) are not met in respect of that amount.

• (3) Any particular payment for which an owner-occupier is liable is not to be brought into account more than once, whether in relation to the same or a different owner-occupier (but this does not prevent different payments of the same description being brought into account in respect of an assessment period).

The amount of housing costs element

9

The amount of the owner-occupier's housing costs element under this Schedule is the amount resulting from paragraph 13 in respect of all relevant payments which are to be taken into account under paragraph 8.

Amount in respect of interest on loans

10

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

Amount in respect of alternative finance arrangements

11

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

Standard rate to be applied under paragraphs 10 and 11

12

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

Amount in respect of service charge payments

13

• (1) This paragraph provides for the calculation of the amount to be included in the owner-occupier's housing costs element under this Schedule in respect of relevant payments which are service charge payments.

• (2) The amount in respect of the service charge payments is to be calculated as follows.

Step 1Determine the amount of each service charge payment.

Step 2Determine the period in respect of which each service charge payment is payable and determine the amount of the payment in respect of a month (see sub-paragraphs (3) and (4)).

Step 3If there is more than one service charge payment, add together the amounts determined in step 2. The result is the amount to be included under this Schedule in respect of service charge payments.3Where the period in respect of which an owner-occupier is liable to make a service charge payment is not a month, an amount is to be calculated as the monthly equivalent, so for example—aweekly payments are multiplied by 52 and divided by 12;aatwo-weekly payments are multiplied by 26 and divided by 12;bfour-weekly payments are multiplied by 13 and divided by 12;cthree-monthly payments are multiplied by 4 and divided by 12; anddannual payments are divided by 12.4Where an owner-occupier is liable for service charge payments under arrangements that provide for one or more service charge free periods, subject to sub-paragraph (4A), the monthly equivalent is to be calculated over 12 months by reference to the total number of service charge payments which the owner-occupier is liable to make in that 12 month period.4AWhere sub-paragraph (4) applies and the service charge payments in question are—aweekly payments, the total number of weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—$52−SCFP;$btwo-weekly payments, the total number of two-weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—$26−SCFP;$cfour weekly payments, the total number of four-weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—$13−SCFP;$where “SCFP” is the number of service charge free periods in the 12 month period in question.5“Service charge free period” means any period in respect of which the owner-occupier has no liability to make one or more of the service charge payments which are to be taken into account under paragraph 8.

SCHEDULE 6 — Assessment of whether a claimant has limited capability for work

PART 1 — Physical Disabilities

(1) Activity	(2) Descriptors	(3) Points
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.	1(a) Cannot, unaided by another person, either: mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.	15
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.	(b) Cannot, unaided by another person, mount or descend two steps even with the support of a handrail.	9
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.	(c) Cannot, unaided by another person, either: mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion.	9
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.	(d) Cannot, unaided by another person, either: mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion.	6
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.	(e) None of the above applies.	0
2. Standing and sitting.	2(a) Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person.	15
2. Standing and sitting.	(b) Cannot, for the majority of the time, remain at a work station: standing unassisted by another person (even if free to move around); sitting (even in an adjustable chair); or a combination of paragraphs (i) and (ii), for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.	9
2. Standing and sitting.	(c) Cannot, for the majority of the time, remain at a work station: standing unassisted by another person (even if free to move around); sitting (even in an adjustable chair); or a combination of paragraphs (i) and (ii), for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.	6
2. Standing and sitting.	(d) None of the above applies.	0
3. Reaching.	3(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket.	15
3. Reaching.	(b) Cannot raise either arm to top of head as if to put on a hat.	9
3. Reaching.	(c) Cannot raise either arm above head height as if to reach for something.	6
3. Reaching.	(d) None of the above applies.	0
4. Picking up and moving or transferring by the use of the upper body and arms.	4(a) Cannot pick up and move a 0.5 litre carton full of liquid.	15
4. Picking up and moving or transferring by the use of the upper body and arms.	(b) Cannot pick up and move a one litre carton full of liquid.	9
4. Picking up and moving or transferring by the use of the upper body and arms.	(c)Cannot transfer a light but bulky object such as an empty cardboard box.	6
4. Picking up and moving or transferring by the use of the upper body and arms.	(d)None of the above applies.	0
5. Manual dexterity.	5(a) Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.	15
5. Manual dexterity.	(b)Cannot pick up a £1 coin or equivalent with either hand.	15
5. Manual dexterity.	(c)Cannot use a pen or pencil to make a meaningful mark with either hand.	9
5. Manual dexterity.	(d)Cannot single-handedly use a suitable keyboard or mouse.	9
5. Manual dexterity.	(e)None of the above applies.	0
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person.	6(a) Cannot convey a simple message, such as the presence of a hazard.	15
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person.	(b) Has significant difficulty conveying a simple message to strangers.	15
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person.	(c)Has some difficulty conveying a simple message to strangers.	6
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person.	(d)None of the above applies.	0
7. Understanding communication by: verbal means (such as hearing or lip reading) alone; non-verbal means (such as reading 16 point print or Braille) alone; or a combination of sub-paragraphs (i) and (ii), using any aid that is normally or could reasonably be used, unaided by another person.	7(a)Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment.	15
7. Understanding communication by: verbal means (such as hearing or lip reading) alone; non-verbal means (such as reading 16 point print or Braille) alone; or a combination of sub-paragraphs (i) and (ii), using any aid that is normally or could reasonably be used, unaided by another person.	(b)Has significant difficulty understanding a simple message from a stranger due to sensory impairment.	15
7. Understanding communication by: verbal means (such as hearing or lip reading) alone; non-verbal means (such as reading 16 point print or Braille) alone; or a combination of sub-paragraphs (i) and (ii), using any aid that is normally or could reasonably be used, unaided by another person.	(c)Has some difficulty understanding a simple message from a stranger due to sensory impairment.	6
7. Understanding communication by: verbal means (such as hearing or lip reading) alone; non-verbal means (such as reading 16 point print or Braille) alone; or a combination of sub-paragraphs (i) and (ii), using any aid that is normally or could reasonably be used, unaided by another person.	(d)None of the above applies.	0
8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.	8(a)Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.	15
8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.	(b)Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment.	5
8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.	(c)Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.	9
8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.	(d)None of the above applies.	0
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.	9(a) At least once a month experiences: loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or substantial leakage of the contents of a collecting device, sufficient to require cleaning and a change in clothing.	15
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.	(b) The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.	6
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.	(c) Neither of the above applies.	0
10. Consciousness during waking moments.	10(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.	15
10. Consciousness during waking moments.	(b)At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.	6
10. Consciousness during waking moments.	(c)Neither of the above applies.	0

PART 2 — Mental, cognitive and intellectual function assessment

(1) Activity	(2) Descriptors	(3) Points
11. Learning tasks.	11(a) Cannot learn how to complete a simple task, such as setting an alarm clock.	15
11. Learning tasks.	(b)Cannot learn anything beyond a simple task, such as setting an alarm clock.	9
11. Learning tasks.	(c)Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes.	6
11. Learning tasks.	(d)None of the above applies.	0
12. Awareness of everyday hazards (such as boiling water or sharp objects).	12(a) Reduced awareness of everyday hazards leads to a significant risk of: injury to self or others; or damage to property or possessions, such that the claimant requires supervision for the majority of the time to maintain safety.	15
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(b)Reduced awareness of everyday hazards leads to a significant risk of: injury to self or others; or damage to property or possessions, such that the claimant frequently requires supervision to maintain safety.	9
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(c)Reduced awareness of everyday hazards leads to a significant risk of: injury to self or others; or damage to property or possessions, such that the claimant occasionally requires supervision to maintain safety.	6
12. Awareness of everyday hazards (such as boiling water or sharp objects).	(d) None of the above applies.	0
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).	13(a)Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions.	15
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).	(b) Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions for the majority of the time.	9
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).	(c)Frequently cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions.	6
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).	(d)None of the above applies.	0
14. Coping with change.	14(a)Cannot cope with any change to the extent that day to day life cannot be managed.	15
14. Coping with change.	(b)Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that, overall, day to day life is made significantly more difficult.	9
14. Coping with change.	(c)Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that, overall, day to day life is made significantly more difficult.	6
14. Coping with change.	(d)None of the above applies.	0
15. Getting about.	15(a) Cannot get to any place outside the claimant’s home with which the claimant is familiar.	15
15. Getting about.	(b)Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person.	9
15. Getting about.	(c)Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.	6
15. Getting about.	(d)None of the above applies.	0
16. Coping with social engagement due to cognitive impairment or mental disorder.	16(a)Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.	15
16. Coping with social engagement due to cognitive impairment or mental disorder.	(b)Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant.	9
16. Coping with social engagement due to cognitive impairment or mental disorder.	(c)Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant.	6
16. Coping with social engagement due to cognitive impairment or mental disorder.	(d)None of the above applies.	0
17.Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	17(a)Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	15
17.Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(b)Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	15
17.Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(c)Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.	9
17.Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	(d)None of the above applies.	0

SCHEDULE 7 — Assessment of whether a claimant has limited capability for work and work-related activity

Activity	Descriptors
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.	1 Cannot either: mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
2. Transferring from one seated position to another.	2 Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.
3. Reaching.	3 Cannot raise either arm as if to put something in the top pocket of a coat or jacket.
4.Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).	4 Cannot pick up and move a 0.5 litre carton full of liquid.
5. Manual dexterity.	5 Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used unaided by another person.	6 Cannot convey a simple message, such as the presence of a hazard.
7. Understanding communication by: verbal means (such as hearing or lip reading) alone; non-verbal means (such as reading 16 point print or Braille) alone; or a combination of sub-paragraphs (i) and (ii), using any aid that is normally, or could reasonably, be used unaided by another person.	7 Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment.
8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.	8 At least once a week experiences: loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing.
9. Learning tasks.	9 Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.
10. Awareness of hazard.	10 Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of: injury to self or others; or damage to property or possessions, such that the claimant requires supervision for the majority of the time to maintain safety.
11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).	11 Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions.
12. Coping with change.	12 Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.
13. Coping with social engagement, due to cognitive impairment or mental disorder.	13 Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.
14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.	14 Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
15. Conveying food or drink to the mouth.	15 Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else; Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping or experiencing breathlessness or severe discomfort; Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s presence; or Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant’s own mouth without receiving: physical assistance from someone else; or regular prompting given by someone else in the claimant’s presence.
16. Chewing or swallowing food or drink.	16 Cannot chew or swallow food or drink; Cannot chew or swallow food or drink without repeatedly stopping or experiencing breathlessness or severe discomfort; Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or Owing to a severe disorder of mood or behaviour, fails to: chew or swallow food or drink; or chew or swallow food or drink without regular prompting given by someone else in the claimant’s presence.

SCHEDULE 8 — Circumstances in which a claimant is to be treated as having limited capability for work

Receiving certain treatments

1

The claimant is receiving—

• (a) regular weekly treatment by way of haemodialysis for chronic renal failure;

• (b) treatment by way of plasmapheresis; or

• (c) regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function,

or is recovering from any of those forms of treatment in circumstances in which the Secretary of State is satisfied that the claimant should be treated as having limited capability for work.

In hospital

2

• (1) The claimant is—

• (a) undergoing medical or other treatment as a patient in a hospital or similar institution; or

• (b) recovering from such treatment in circumstances in which the Secretary of State is satisfied that the claimant should be treated as having limited capability for work.

• (2) The circumstances in which a claimant is to be regarded as undergoing treatment falling within sub-paragraph (1)(a) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol dependency.

• (3) For the purposes of this paragraph, a claimant is to be regarded as undergoing treatment as a patient in a hospital or similar institution only if that claimant has been advised by a health care professional to stay for a period of 24 hours or longer following medical or other treatment.

Prevented from working by law

3

• (1) The claimant—

• (a) is excluded or abstains from work pursuant to a request or notice in writing lawfully made or given under an enactment; or

• (b) is otherwise prevented from working pursuant to an enactment,

by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination.

• (2) In sub-paragraph (1) “relevant infection or contamination” means—

• (a) in England and Wales—

• (i) any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 1984 in respect of which regulations are made under Part 2A of that Act (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or

• (ii) tuberculosis or any infectious disease to which regulation 9 of the Public Health (Aircraft) Regulations 1979 (powers in respect of persons leaving aircraft) applies or to which regulation 10 of the Public Health (Ships) Regulations 1979 (powers in respect of certain persons on ships) applies; and

• (b) in Scotland any—

• (i) infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 2008 , or exposure to an organism causing that disease; or

• (ii) contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.

Risk to self or others

4

• (1) The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work.

• (2) This paragraph does not apply where the risk could be reduced by a significant amount by—

• (a) reasonable adjustments being made in the claimant's workplace; or

• (b) the claimant taking medication to manage their condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.

Life threatening disease

5

The claimant is suffering from a life threatening disease in relation to which—

• (a) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and

• (b) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure.

Disabled and over the age for state pension credit

6

The claimant has reached the qualifying age for state pension credit and is entitled to disability living allowance , Scottish adult disability living allowance , personal independence payment or adult disability payment.

SCHEDULE 9 — Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity

Terminal illness

1

The claimant is terminally ill.

Pregnancy

2

The claimant is a pregnant woman and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work and work-related activity.

Receiving treatment for cancer

3

The claimant is—

• (a) receiving treatment for cancer by way of chemotherapy or radiotherapy;

• (b) likely to receive such treatment within 6 months after the date of the determination of capability for work and work-related activity; or

• (c) recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.

Risk to self or others

4

The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.

Disabled and over the age for state pension credit

5

The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance , pension age disability payment, the care component of disability living allowance at the highest rate , the care component of Scottish adult disability living allowance at the highest rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 or the daily living component of personal independence payment at the enhanced rate or the daily living component of adult disability payment at the enhanced rate in accordance with regulation 5(3) of the Disability Assistance for Working Age People (Scotland) Regulations 2022.

SCHEDULE 10 — Capital to be disregarded

Premises

1

• (1) Premises occupied by a person as their home.

• (2) For the purposes of this paragraph and paragraphs 2 to 5, only one set of premises may be treated as a person's home.

2

Premises occupied by a close relative of a person as their home where that close relative has limited capability for work or has reached the qualifying age for state pension credit.

3

Premises occupied by a person's former partner as their home where the person and their former partner are not estranged, but living apart by force of circumstances, for example where the person is in residential care.

4

• (1) Premises that a person intends to occupy as their home where—

• (a) the person has acquired the premises within the past 6 months but not yet taken up occupation;

• (b) the person is taking steps to obtain possession and has commenced those steps within the past 6 months; or

• (c) the person is carrying out essential repairs or alterations required to render the premises fit for occupation and these have been commenced within the past 6 months.

• (2) A person is to be taken to have commenced steps to obtain possession of premises on the date that legal advice is first sought or proceedings are commenced, whichever is earlier.

5

Premises that a person has ceased to occupy as their home following an estrangement from their former partner where—

• (a) the person has ceased to occupy the premises within the past 6 months; or

• (b) the person's former partner is a lone parent and occupies the premises as their home.

6

Premises that a person is taking reasonable steps to dispose of where those steps have been commenced within the past 6 months.

Business assets

7

Assets which are used wholly or mainly for the purposes of a trade, profession or vocation which the person is carrying on.

8

Assets which were used wholly or mainly for a trade, profession or vocation that the person has ceased to carry on within the past 6 months if—

• (a) the person is taking reasonable steps to dispose of those assets; or

• (b) the person ceased to be engaged in carrying on the trade, profession or vocation because of incapacity and can reasonably expect to be reengaged on recovery.

Rights in pensions schemes etc

9

The value of any policy of life insurance.

10

• (1) The value of any right to receive a pension under an occupational or personal pension scheme or any other pension scheme registered under section 153 of the Finance Act 2004 .

• (2) “Occupational pension scheme” and “personal pension scheme” have the meaning in section 1 of the Pension Schemes Act 1993 .

11

• (1) The value of a funeral plan contract.

• (2) “Funeral plan contract” means a contract under which the person makes payments to a person to secure the provision of a funeral and where the sole purpose of the plan is the provision of a funeral.

Amounts earmarked for special purposes

12

An amount deposited with a housing association as a condition of the person occupying premises as their home.

13

An amount received within the past 6 months which is to be used for the purchase of premises that the person intends to occupy as their home where that amount—

• (a) is attributable to the proceeds of the sale of premises formerly occupied by the person as their home;

• (b) has been deposited with a housing association as mentioned in paragraph 12; or

• (c) is a grant made to the person for the sole purpose of the purchase of a home.

14

An amount received under an insurance policy within the past 6 months in connection with the loss or damage to the premises occupied by the person as their home or to their personal possessions.

15

An amount received within the past 6 months that is to be used for making essential repairs or alterations to premises occupied or intended to be occupied as the person's home where that amount has been acquired by the person (whether by grant or loan or otherwise) on condition that it is used for that purpose.

Other payments

16

A payment made within the past 12 months under Part 8 of the Contributions and Benefits Act (the social fund).

17

• (1) A payment made within the past 12 months by or on behalf of a local authority—

• (a) under section 17, 23B, 23C or 24A of the Children Act 1989 , section 12 of the Social Work (Scotland) Act 1968 , section 29 or 30 of the Children (Scotland) Act 1995 or section 37, 38, 109, 110, 114 or 115 of the Social Services and Well-being (Wales) Act 2014; or

• (b) under any other enactment in order to meet a person's welfare needs related to old age or disability, other than living expenses.

• (2) In sub-paragraph (1) “living expenses” has the meaning in regulation 66(2).

18

• (1) A payment received within the past 12 months by way of arrears of, or compensation for late payment of—

• (a) universal credit;

• (b) a benefit abolished by section 33 of the Act; or

• (c) a social security benefit which is not included as unearned income under regulation 66(1)(a) or (b).

• (2) “Social security benefit” means a benefit under any enactment relating to social security in any part of the United Kingdom and includes armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011.

19

A payment to a person by virtue of being a holder of the Victoria Cross or George Cross.

SCHEDULE 11 — Application of ESA or JSA sanctions to universal credit

Moving an ESA sanction to UC

1

• (1) This paragraph applies where—

• (a) a person is, or has ceased to be, entitled to an employment and support allowance;

• (b) there is a reduction relating to the award of the employment and support allowance under section 11J of the Welfare Reform Act 2007 ; and

• (c) the person becomes entitled to universal credit.

• (2) Any reduction relating to the award of the employment and support allowance is to be applied to the award of universal credit.

• (3) The period for which the reduction is to have effect is the number of days which apply to the person under regulations 52 and 53 of the ESA Regulations minus—

• (a) any days which have already resulted in a reduction to the amount of the employment and support allowance; and

• (b) if the award of the employment and support allowance has terminated, any days falling after the date of that termination and before the date on which the award of universal credits starts,

and that period is to be added to the total outstanding reduction period.

• (4) The amount of the reduction in the award of universal credit for any assessment period in which the reduction is applied is the amount calculated in accordance with regulation 110.

Moving a JSA sanction to UC

2

• (1) This paragraph applies where—

• (a) a person is, or has ceased to be, entitled to a jobseeker's allowance;

• (b) there is a reduction relating to the person's award of a jobseeker's allowance under section 6J or 6K of the Jobseekers Act 1995 ; and

• (c) the person becomes entitled to universal credit.

• (2) Any reduction relating to the award of the jobseeker's allowance is to be applied to the award of universal credit.

• (3) The period for which the reduction is to have effect is the number of days which apply to the person under regulations 19 to 21 of the Jobseeker's Allowance Regulations 2013 minus—

• (a) any days which have already resulted in a reduction to the amount of the jobseeker's allowance; and

• (b) if the award of the jobseeker's allowance has terminated, any days falling after the date of that termination and before the date on which the award of universal credits starts,

and that period is to be added to the total outstanding reduction period.

• (4) The amount of the reduction in the award of universal credit for any assessment period in which the reduction is applied is the amount calculated in accordance with regulation 110.

Effect of ESA or JSA sanction on escalation of UC sanction

3

Where—

• (a) a reduction in relation to an award of an employment and support allowance or an award of a jobseeker's allowance is applied to an award of universal credit by virtue of paragraph 1 or 2;

• (b) there is a subsequent sanctionable failure under section 26 or 27 of the Act; and

• (c) the failure giving rise to the reduction in relation to the award of an employment and support allowance or the award of a jobseeker's allowance (“the previous failure”) and the reduction period determined for that failure correspond with a failure specified under section 26 or 27 of the Act to which the same reduction period would apply under Chapter 2 of Part 8 of these Regulations,

for the purposes of determining the reduction period for that subsequent failure, the previous failure is to be treated as if it were the corresponding failure under section 26 or 27 of the Act.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Freud — Parliamentary Under-Secretary of State — 2013-02-25

Explanatory note

(This note is not part of the Regulations)

Footnotes