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

Made: 18th July 2019

Laid before Parliament: 22nd July 2019

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 4(2) and 42(1), (2) and (3) of, and paragraph 4(1), (3)(a) and (4) of Schedule 1 to, and paragraph 1(1), 3(1)(a), 4(1), (2)(a), (c) and (d) and (3) and 6(a) of Schedule 6 to, the Welfare Reform Act 2012 .

In accordance with section 173(1)(b) of the Social Security Administration Act 1992 the Social Security Advisory Committee has agreed that the proposals in respect of regulations 2 and 7, and certain proposals in respect of regulation 3(8), should not be referred to it. In accordance with section 172(1) of that Act, the Secretary of State has referred all other proposals in respect of these Regulations to the Social Security Advisory Committee.

In accordance with section 176(1) of the 1992 Act, in so far as these Regulations relate to housing benefit, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of the proposals for these Regulations.

Citation and commencement

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• (1) These Regulations may be cited as the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019.

• (2) Regulations 2 and 3 and this regulation come into force on 24th July 2019.

• (3) Regulations 4 and 5 come into force on 22nd July 2020.

• (4) Regulation 6 comes into force on 23rd September 2020.

• (5) Regulation 7 comes into force on 27th January 2021.

Managed migration pilot: limit on number of cases migrated

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Amendment of the Universal Credit (Transitional Provisions) Regulations 2014: managed migration (including provision for persons previously entitled to a severe disability premium)

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• (1) The Universal Credit (Transitional Provisions) Regulations 2014 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) insert at the appropriate places—

“childcare costs element” has the meaning in the Universal Credit Regulations; “deadline day” has the meaning in regulation 44; “earned income” has the meaning in Chapter 2 of Part 6 of the Universal Credit Regulations; “final deadline” has the meaning in regulation 46; “HMRC” means Her Majesty's Revenue and Customs; “indicative UC amount” has the meaning in regulation 54; “migration day” has the meaning in regulation 49; “migration notice” has the meaning in regulation 44; “notified person” has the meaning in regulation 44; “qualifying claim” has the meaning in regulation 48; “total legacy amount” has the meaning in regulation 53; “transitional capital disregard” has the meaning in regulation 51; “transitional element” has the meaning in regulation 52;

, and

• (ii) in the definition of “existing benefit”, before “regulation 25(2)” insert “ paragraph (3) and ”;

• (b) after paragraph (2) insert—

(3) In these Regulations— (a) references to an award of income-based jobseeker's allowance are to an award of old style JSA where the claimant is, or joint claimants are, entitled to the income-based allowance; and (b) references to an award of income-related employment and support allowance are to an award of old style ESA where the claimant is entitled to the income-related allowance. (4) In regulation 46 (termination of existing benefits if no claim before the deadline) and regulation 47 (notified persons who claim as a different benefit unit) “terminate” in relation to an award of income-based jobseeker's allowance or income-related employment and support allowance means treating that award as if the following provisions had come into force (including where a saving provision has ceased to apply) in relation to that award— (a) section 33(1)(a) and (b) and (2) of the Act (abolition of benefits); (b) paragraphs 22 to 26 of Schedule 3 to the Act (abolition of benefits: consequential amendments) and section 33(3) of the Act in so far as it relates to those paragraphs; and (c) the repeals in Part 1 of Schedule 14 to the Act (abolition of benefits superseded by universal credit) that come into force if a claim is made for universal credit.

• (3) At the end of regulation 4A (restriction on claims for universal credit by persons entitled to a severe disability premium) after the existing provision (which is now paragraph (1)) insert the following paragraph—

(2) This regulation does not apply in relation to a claim for universal credit by a single claimant who is a notified person or by joint claimants both of whom are notified persons.

• (4) In regulation 5(2)(a) (exclusion of entitlement to certain benefits) after “8(2A)” insert “ , 46(1) or 47(2) ”.

• (5) In regulation 8A (transitional housing payment) —

• (a) after “regulation 8” insert “ , 46 or 47 ”;

• (b) in paragraphs (a) and (b) after “8(2A)” insert “ , 46(1) or 47(2) ”; and

• (c) at the end of paragraph (a) omit “and”, and at the end of paragraph (b) insert—

; and (c) if a claim for universal credit is made by a notified person then, notwithstanding anything in the Housing Benefit Regulations 2006 , the weekly amount of housing benefit to which the person is entitled for that period of two weeks is the same as the weekly amount they were entitled to on the first day of that period.

• (6) In regulation 11(1) for “regulations 7(7) and 8(4)” substitute “ these Regulations ” and after sub-paragraph (b) add the following words—

and references to an award of a tax credit are to be read accordingly

• (7) After regulation 43 insert—