The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

Contents

Part 1 · Employment and Support Allowance: work-related activity component

2Amendments to the Employment and Support Allowance Regulations 2008#

(1)The Employment and Support Regulations 2008 are amended as follows.

(2)In regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply)—

(a)in the heading, omit “or the work-related activity component”;

(b)in paragraph (1), for “sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “sections 2(2)(a) and 4(4)(a)”;

(c)in paragraph (1B)—

(i)in sub-paragraph (a)(i) for “2(2), 2(3), 4(4) or 4(5)” substitute “2(2) or 4(4)”;

(ii)in sub-paragraph (d)(i) for “2(2), 2(3), 4(4) or 4(5)” substitute “2(2) or 4(4)”.

(3)In regulation 67 (prescribed amounts), in paragraph (3)—

(a)omit “work-related activity component and the”;

(b)for “are” substitute “is”.

(4)In Schedule 4 (amounts)—

(a)in Part 1 (prescribed amounts), in paragraph 1, in column (1)—

(i)in sub-paragraph (1)(a) omit “or (3)” and “or (5)”;

(ii)in sub-paragraph (2)(a) omit “or (5)”;

(iii)in sub-paragraph (3)(c), (f) and (g) omit “or (5)”;

(b)in Part 3 (weekly amount of premiums specified in part 2), in paragraph 11(1)—

(i)in paragraph (a)—

(aa)in columns “Premium” and “Amount” omit sub-paragraph (i);

(bb)in column “Premium” for sub-paragraph (iii) substitute—“iii is not entitled to the support component;”

(ii)in paragraph (b)—

(aa)in columns “Premium” and “Amount” omit sub-paragraph (i);

(bb)in column “Premium” for sub-paragraph (iii) substitute—“iii is not entitled to the support component;”

(c)in Part 4 (the components)—

(i)in the heading, for “(the components)” substitute “(the component)”;

(ii)omit paragraph 12.

(5)In Schedule 6 (housing costs)—

(a)in paragraph 1, in sub-paragraph (3)(a)(ii) omit “including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component)”;

(b)in paragraph 19, in sub-paragraph (7)(d) for “which does not include an amount under section 4(2)(b) of the Act” substitute “and they are still in the assessment phase in accordance with regulation 4”.

3Amendments to the Employment and Support Allowance Regulations 2013#

(1)The Employment and Support Allowance Regulations 2013 are amended as follows.

(2)In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of these Regulations other than by virtue of regulation 26;”

(3)In regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply)—

(a)in the heading, omit “or the work-related activity component”;

(b)in paragraph (1), omit “and (3)(a)”;

(c)in paragraphs (3)(a)(i) and (d)(i)—

(i)omit “or (3)”;

(ii)after “of the Act” insert “or they were a member of the work-related activity group”.

(4)In regulation 62 (prescribed amounts)—

(a)in paragraph (1)(a) and (b), omit “or (3)”;

(b)for paragraph (2) substitute—“2 Subject to regulation 63 the amount of the support component is £36.20.”

1Citation and commencement#

These Regulations may be cited as the Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 and come into force on 3rd April 2017.

Part 2 · Universal Credit: limited capability for work element

4Amendments to the Universal Credit Regulations 2013#

(1)The Universal Credit Regulations 2013 are amended as follows.

(2)In regulation 2 (interpretation), for the definition of ““LCW element” and “LCWRA element”” substitute—“• “LCWRA element” has the meaning in regulation 27;”

(3)In regulation 23 (introduction), in paragraph (2)(a) omit “the LCW element and”.

(4)In regulation 27 (award to include LCW and LCWRA elements)—

(a)in the heading, for “LCW and LCWRA elements” substitute “LCWRA element”;

(b)for paragraph (1) substitute—“1 An award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).”

(c)in paragraph (2), for “amounts of those elements are” substitute “amount of that element is”;

(d)in paragraph (3), omit “work or for”;

(e)for paragraph (4), substitute—“4 In the case of joint claimants, where each of them has limited capability for work and work-related activity, the award is only to include one LCWRA element.”

(5)In regulation 28 (period for which the LCW or LCWRA element is not to be included)—

(a)in the heading and in paragraphs (1), (2)(a) and (3)(a), omit “LCW or”;

(b)in paragraph (5)(b)(i), omit “or the work-related activity component”;

(c)omit paragraph (6).

(6)In regulation 29 (award to include the carer element), for paragraph (4) substitute—“4 Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.”

(7)In regulation 36 (table showing amounts of elements)—

(a)in paragraph (1), for “LCW and LCWRA elements” substitute “LCWRA element”;

(b)in the table—

(i)for the row “LCW and LCWRA elements” substitute “LCWRA element”;

(ii)omit the row under “LCWRA element” (as amended by paragraph (i)) showing the amount for limited capability for work.

5Amendments to the Universal Credit (Transitional Provisions) Regulations 2014#

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

(2)In regulation 19 (transition from old style ESA)—

(a)in paragraph (1), for sub-paragraph (b) substitute—“b on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).”

(b)in paragraph (2)—

(i)for “was entitled to the work-related activity component” substitute “had limited capability for work (within the meaning of Part 1 of the 2007 Act)”;

(ii)omit sub-paragraph (a);

(iii)in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;

(c)omit paragraph (3);

(d)in paragraph (4), for “was entitled to the support component” substitute “had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity”;

(e)in paragraph (6), for “was entitled to the work-related activity component or, as the case may be, the support component” substitute “had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act)”;

(f)in paragraph (8)—

(i)for the definition of ““assessment phase”, “support component” and “work-related activity component”” substitute—“• “assessment phase” has the same meaning as in the 2007 Act;”

(ii)for the definition of ““LCW element” and “LCWRA element”” substitute—“• “LCWRA element” has the same meaning as in the Universal Credit Regulations.”

(g)in paragraph (9) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”;

(h)after paragraph (9) insert—“10 For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the Employment and Support Allowance Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).”

(3)In regulation 20 (transition from old style ESA before the end of the assessment phase)—

(a)in paragraph (2), in sub-paragraph (a) omit “LCW or”;

(b)in paragraph (3), omit sub-paragraph (b).

(4)In regulation 20A (transition from jobseeker’s allowance following an extended period of sickness), in paragraph (2)(a) omit “LCW or”.

(5)In regulation 21 (other claimants with limited capability for work: credits only cases)—

(a)in paragraph (2)—

(i)omit sub-paragraph (a);

(ii)in sub-paragraph (b) omit “regulation 27(1)(a) of those Regulations and”;

(b)omit paragraph (3);

(c)in paragraph (7), omit sub-paragraph (b);

(d)in paragraph (9), in sub-paragraphs (d) and (e) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”.

Part 3 · Universal Credit: work-related requirements

6Amendments to the Universal Credit Regulations 2013#

In regulation 88 of the Universal Credit Regulations 2013 (expected hours), in paragraph (2)—

(a)in sub-paragraph (a)(i) after “responsible carer” insert “(subject to the following sub-paragraphs)”;

(b)after sub-paragraph (a) insert—“aa where the claimant is a responsible carer of a child who has not yet reached compulsory school age, the number of hours that the Secretary of State considers is compatible with those caring responsibilities;”

(c)in sub-paragraph (b) after “a child” insert “who has reached compulsory school age but who is”.

Part 4 · Consequential, transitional and savings provisions

7Consequential, transitional and savings provisions#

(1)Schedule 1 contains amendments to secondary legislation as a consequence of the amendments made by these Regulations.

(2)Schedule 2 contains transitional and savings provisions.

Schedule 1 · Consequential amendments to secondary legislation

Part 1 · Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

(1)

(1)The Income Support (General) Regulations 1987 are amended as follows.

(2)In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—“• “member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either—(a) Part 6 of the Employment and Support Allowance Regulations 2008; or(b) Part 5 of the Employment and Support Allowance Regulations 2013;”“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In Schedule 3 (housing costs)—

(a)in paragraph 1 (housing costs)—

(i)in sub-paragraph (3)(d)(i)—

(aa)omit “or (3)”, “or (5)” and “(components)”;

(bb)after “Welfare Reform Act” insert “(component) or is a member of the work-related activity group”;

(ii)in sub-paragraph (3)(d)(ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”;

(b)in paragraph 18 (non-dependant deductions), in sub-paragraph (7)(i) for the words from “which does not include” to the end substitute “and is not a member of the work-related activity group or a member of the support group; or”.

(2)

(1)The Social Fund (Cold Weather Payments) (General) Regulations 1988are amended as follows.

(2)In regulation 1 (interpretation), in paragraph (2) in the appropriate place insert—“• “member of the support group” means a claimant who has or is treated as having limited capability for work-related activity under either—(a) Part 6 of the Employment and Support Allowance Regulations 2008; or(b) Part 5 of the Employment and Support Allowance Regulations 2013;”“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In regulation 1A (prescribed description of persons), in paragraph (3)(e)—

(a)for “, P’s applicable amount includes” substitute “and”;

(b)in paragraph (i) before “one or more” insert “P’s applicable amount includes”;

(c)for paragraph (ii) substitute—“ii P is a member of the work-related activity group or is a member of the support group; or”

(3)

(1)The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2)In regulation 1 (interpretation), in paragraph (3) in the appropriate place insert—“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In Schedule 2 (housing costs)—

(a)in paragraph 1 (housing costs), in sub-paragraph (3)(e) —

(i)in sub-paragraph (i)—

(aa)omit “or (3)” and “or (5)”;

(bb)for “(components)” substitute “(component)”;

(ii)in sub-paragraph (ii) omit “including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)”;

(b)in paragraph 17 (non-dependant deductions), in sub-paragraph (7)(i)—

(i)omit “or (5)” and “(components)”;

(ii)after “Welfare Reform Act” insert “(component) and is not a member of the work-related activity group”.

(4)In regulation 7 (decisions superseding earlier decisions) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001, in paragraph (2)(o)(iv)(bb) omit “or the work-related activity component”.

(5)

(1)The State Pension Credit Regulations 2002 are amended as follows.

(2)In regulation 1 (interpretation), in paragraph (2) in the appropriate place insert—“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In Schedule 2 (housing costs)—

(a)in paragraph 1 (housing costs), in sub-paragraph (2)(a)(iii)(dd) for “or (3) or 4(4) or (5) of the Welfare Reform Act (components) [or would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component)” substitute “or 4(4) of the Welfare Reform Act “(component) or is a member of the work-related activity group or they would have been a member of the work-related activity group”;

(b)in paragraph 14 (persons residing with the claimant), in sub-paragraph (7)(g)—

(i)omit “or (5)”;

(ii)for “(components)” substitute “(component) or is not a member of the work-related activity group”.

(6)

(1)The Housing Benefit Regulations 2006 are amended as follows.

(2)In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In regulation 22 (applicable amounts) for paragraph (e) substitute—“e the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);”

(4)In regulation 23 (polygamous marriages) for paragraph (f) substitute—“f the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);”

(5)In regulation 28 (treatment of child care charges), in paragraph (11)—

(a)in sub-paragraph (a)—

(i)omit “the work-related activity component”;

(ii)after “support component or” insert “the other member is a member of the work-related activity group”;

(b)in sub-paragraph (ba)—

(i)omit “the work-related activity component”;

(ii)after “support component or” insert “the other member would be a member of the work-related activity group”.

(6)In regulation 74 (non-dependant deductions) in paragraph (8)(a)—

(a)omit “and the work-related activity component”;

(b)after “(the support component)” insert “or where the non-dependant is not a member of the work-related activity group”.

(7)In Schedule 3 (applicable amounts)—

(a)in Part 5 (the components)—

(i)in the heading, for “components” substitute “component”;

(ii)in paragraph 21, in sub-paragraph (1)—

(aa)for “one, but not both, of the components in paragraph 23 or” substitute “the component in paragraph”;

(bb)for paragraph (b) substitute—“b the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and”

(cc)in paragraph (c)(ii) omit “or the work-related activity component”;

(iii)in paragraph 22 in sub-paragraphs (1) and (2) omit “23 or”;

(iv)omit paragraph 23;

(b)in Part 6 (amount of components)—

(i)in the heading, for “components” substitute “component”;

(ii)omit paragraph 25.

(8)In Schedule 4 (sums to be disregarded in the calculation of earnings)—

(a)in paragraph 3(2)—

(i)omit “, work-related activity component”;

(ii)after “Schedule 3 (applicable amounts)” insert “or where the claimant or the claimant’s partner is a member of the work-related activity group”;

(b)in paragraph 17, in sub-paragraph (2)(b)(iv)—

(i)in paragraph (aa)—

(aa)omit “, the work-related activity component under paragraph 23 or”;

(bb)after “of Schedule 3” insert “or the claimant or the claimant’s partner is a member of the work-related activity group”;

(ii)in paragraph (bb)—

(aa)omit “, the work-related activity component”;

(bb)after “sub-head (aa) above,” insert “or at least one of the couple is a member of the work-related activity group”.

(7)

(1)The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2)In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In regulation 31 (treatment of child care charges), in paragraph (11)(ba)—

(a)omit “or the work-related activity component”;

(b)after “limited capability for work” insert “or the other member of the couple would be a member of the work-related activity group”.

(4)In regulation 55 (non-dependant deductions), in paragraph (8)—

(a)omit “and the work-related activity component”;

(b)after “(the support component)” insert “or where the non-dependant is not a member of the work-related activity group”.

(5)In Schedule 4 (sums disregarded from claimant’s earnings), in paragraph 5(1)(d)(ii) omit “or the work-related activity component”.

(8)

(1)The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 are amended as follows.

(2)In regulation 2 (interpretation), in paragraph (1) after the definition of “member of a couple” insert—“• “member of the work-related activity group” means a claimant who has or is treated as having limited capability for work under either—(a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or(b) Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;”

(3)In Schedule 1 (pensioners: matters that must be included in an authority’s scheme), in paragraph 25 (treatment of child care charges), in sub-paragraph (10)(c)—

(a)omit “or the work-related activity component”;

(b)after “limited capability for work” insert “or the other member of the couple would be a member of the work-related activity group”.

(4)In Schedule 4 (sums disregarded from the applicant’s earnings), in paragraph 5, in sub-paragraph (1)(d)(ii) omit the words “or the work-related activity component”.

(9)

(1)The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 is amended as follows.

(2)In article 10 (limited capability for work or work-related activity: transition from old style ESA), in paragraph (2)(c) omit “or the work-related activity component”.

(3)In article 11 (limited capability for work or work-related activity: transition from new style ESA), in paragraph (2)(c) omit “or the work-related activity component”.

Part 2 · Universal Credit: amendments to secondary legislation consequential on removal of limited capability for work element

(10)In Schedule 3 (housing costs) to the Income Support (General) Regulations 1987, in paragraph 1 (housing costs), in sub-paragraph (3)(e) for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.”.

(11)In regulation 1A (prescribed description of persons) of the Social Fund Cold Weather Payments (General) Regulations 1988, for paragraph (3)(f)(ii) substitute—“ii P has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.”

(12)In Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations 1996, in paragraph 1 (housing costs), in sub-paragraph (3)(f) for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.”.

(13)In Schedule 2 (terms of loans) to the Education (Student Loans) Regulations 1998, in paragraph 1, in sub-paragraph (e) of the definition of “disability related benefits” omit “limited capability for work or”.

(14)In Schedule 2 (housing costs) to the State Pension Credit Regulations 2002, in paragraph 1 (housing costs), in sub-paragraph (2)(a)(iii)(ff) for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013;”.

(15)In Schedule 6 (housing costs) to the Employment and Support Allowance Regulations 2008, in paragraph 1 (housing costs), in sub-paragraph (3)(e) for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.”.

(16)In regulation 27 (interpretation) of the Education (Student Support) (European University Institute) Regulations 2010, in paragraph (2)(h)(i) omit “limited capability for work or”.

(17)In regulation 42 (interpretation) of the Education (Student Support) Regulations 2011, in paragraph (2)(i)(i) omit “limited capability for work or”.

Schedule 2 · Transitional and savings provisions

Part 1 · Employment and Support Allowance: transitional and savings provisions

(1)

(1)The amendments made by regulations 2 and 3, paragraphs 1 to 9 of Schedule 1 and by section 15(1) to (3) of the Welfare Reform and Work Act 2016 (which amend sections 2 and 4 of the Welfare Reform Act 2007) do not apply where any of the circumstances in paragraphs 2 to 7 apply.

(2)In this Part—• “assessment phase” has the same meaning as in the Welfare Reform Act 2007;• “ claim ” means ^note... a claim for an employment and support allowance made in accordance with regulations 4ZC, 4G, 4H and 4I of the Social Security (Claims and Payments) Regulations 1987 or regulations 13 to 17 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;• “employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007;• “ESA Regulations 2008” means the Employment and Support Allowance Regulations 2008;• “ESA Regulations 2013” means the Employment and Support Allowance Regulations 2013.

(2)The first circumstance is where the claimant has made or is treated as having made a claim for an employment and support allowance before 3rd April 2017 and that claim results in an award of employment and support allowance.

(3)The second circumstance is where the claimant’s period of limited capability for work began on or after 3rd April 2017 and is treated as a continuation of an earlier period of limited capability for work which began before 3rd April 2017 by virtue of—

(a)regulation 145 of the ESA Regulations 2008; or

(b)regulation 86 of the ESA Regulations 2013.

(4)The third circumstance is where the claimant has been, is or becomes a notified person within the meaning of regulation 4 of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 and a determination is effective as to whether that person—

(a)has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations 2008;

(b)has or is to be treated as having limited capability for work under Part 5 of the ESA Regulations 2013;

(c)has or is to be treated as having limited capability for work-related activity under Part 6 of the ESA Regulations 2008; or

(d)has or is to be treated as having limited capability for work-related activity under Part 6 of the ESA Regulations 2013.

(5)The fourth circumstance is where the claimant becomes entitled to an employment and support allowance before 3rd April 2017 by virtue of—

(a)regulation 19(1) and paragraph 16 of Schedule 4 to the Social Security (Claims and Payments) Regulations 1987; or

(b)regulation 28 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.

(6)The fifth circumstance is where the first day of the claimant’s assessment phase began before 3rd April 2017 by virtue of—

(a)regulation 5 of the ESA Regulations 2008; or

(b)regulation 6 of the ESA Regulations 2013.

(7)The sixth circumstance is where—

(a)a claimant was entitled to a maternity allowance under section 35 of the Social Security Contributions and Benefits Act 1992 and the end of that award is within 12 weeks beginning with the date that the claim for an employment and support allowance is made; and

(b)immediately prior to their entitlement to a maternity allowance beginning the claimant was previously entitled to an employment and support allowance before 3rd April 2017.

Part 2 · Universal Credit: transitional and savings provisions

(8)

(1)The amendments made by regulations 4 and 5 and paragraphs 13, 16 and 17 of Schedule 1 do not apply—

(a)where a claimant has an award of universal credit in any of the circumstances in the following paragraphs; and

(b)for so long as the claimant continues to be entitled to universal credit and to have limited capability for work.

(2)For the purposes of sub-paragraph (1)(b), the reference to continuous entitlement to universal credit includes where an award has terminated and a further award is made and—

(a)immediately before the further award commences, the previous award has terminated because the claimant ceased to be a member of a couple or became a member of a couple; or

(b)within the six months beginning with the date that the further award commences, the previous award has terminated because the financial condition in section 5(1)(b) or, if it was a joint claim, section 5(2)(b), of the Welfare Reform Act 2012 was not met.

(3)In this Part—• “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act 2007;• “LCW element” and “LCWRA element” have the meanings in regulation 27 of the Universal Credit Regulations 2013 as it has effect apart from the amendments made by regulation 4(4) (which remove references to the LCW element);• “limited capability for work” has the meaning given in section 37(1) of the Welfare Reform Act 2012.

(4)The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 apply for the purpose of deciding the date on which a claim for universal credit is made or is to be treated as made.

(9)The first circumstance is where immediately before 3rd April 2017 the award included the LCW element, or would have but for regulation 28(1) of the Universal Credit Regulations 2013, as it has effect apart from the amendments made by regulation 4(5)(a) (which removes the reference to the LCW element).

(10)The second circumstance is where—

(a)immediately before 3rd April 2017 the award included the LCWRA element;

(b)on or after 3rd April 2017 a determination that the claimant has limited capability for work is made; and

(c)the claimant had limited capability for work and work-related activity throughout the period beginning immediately before 3rd April 2017 and ending with the date on which the determination that the claimant has limited capability for work is made.

(11)The third circumstance is where—

(a)before 3rd April 2017—

(i)it falls to be determined whether the claimant has limited capability for work; and

(ii)the claimant has provided evidence of having limited capability for work in accordance with the Social Security (Medical Evidence) Regulations 1976; and

(b)on or after 3rd April 2017 a determination that the claimant has limited capability for work is made on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013, on revision under section 9 of the Social Security Act 1998 or on appeal.

(12)The fourth circumstance is where—

(a)the claimant appeals or seeks revision under section 9 of the Social Security Act 1998 of a decision relating to the entitlement of the claimant to an employment and support allowance, where the claim for employment and support allowance was made or treated as made before 3rd April 2017; and

(b)on or after 3rd April 2017, in accordance with article 24 of the Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provisions and Commencement No 8 and Savings and Transitional Provisions (Amendment)) Order 2013, the Secretary of State considers it appropriate to revise under section 9 of the Social Security Act 1998 an award of universal credit so as to include the LCW element.

(13)The fifth circumstance is where immediately before 3rd April 2017 the claimant was entitled to employment and support allowance and remains so entitled throughout the period beginning with 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.

(14)The sixth circumstance is where—

(a)immediately before 3rd April 2017—

(i)the claimant entitled to the award was entitled to be credited with earnings equal to the lower earnings limit then in force in respect of a week to which regulation 8B(2)(a)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975 applies; and

(ii)paragraph 13 does not apply to that claimant; and

(b)the claimant is so entitled in respect of each week that falls in the period beginning with 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.

(15)The seventh circumstance is where regulation 22, 23, 24, 26 or 27 of the Universal Credit (Transitional Provisions) Regulations 2014 applies to the claimant throughout the period beginning immediately before 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 6

Show every defined term

assessment phase
has the same meaning as in the Welfare Reform Act 2007;
claim
means... a claim for an employment and support allowance made in accordance with regulations 4ZC, 4G, 4H and 4I of the Social Security (Claims and Payments) Regulations 1987 or regulations 13 to 17 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013;
employment and support allowance
means an allowance under Part 1 of the Welfare Reform Act 2007;
limited capability for work
has the meaning given in section 37(1) of the Welfare Reform Act 2012.
member of the support group
means a claimant who has or is treated as having limited capability for work-related activity under either— (a) Part 6 of the Employment and Support Allowance Regulations 2008;
member of the work-related activity group
means a claimant who has or is treated as having limited capability for work under either— (a) Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations;

The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

Part 1 · Employment and Support Allowance: work-related activity component

2Amendments to the Employment and Support Allowance Regulations 2008#

3Amendments to the Employment and Support Allowance Regulations 2013#

1Citation and commencement#

Part 2 · Universal Credit: limited capability for work element

4Amendments to the Universal Credit Regulations 2013#

5Amendments to the Universal Credit (Transitional Provisions) Regulations 2014#

Part 3 · Universal Credit: work-related requirements

6Amendments to the Universal Credit Regulations 2013#

Part 4 · Consequential, transitional and savings provisions

7Consequential, transitional and savings provisions#

Schedule 1 · Consequential amendments to secondary legislation

Part 1 · Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Part 2 · Universal Credit: amendments to secondary legislation consequential on removal of limited capability for work element

Schedule 2 · Transitional and savings provisions

Part 1 · Employment and Support Allowance: transitional and savings provisions

Part 2 · Universal Credit: transitional and savings provisions

Defined terms · 6

Connections

History · 2 versions

Key facts

Part 1 · Employment and Support Allowance: work-related activity component

2Amendments to the Employment and Support Allowance Regulations 2008#

3Amendments to the Employment and Support Allowance Regulations 2013#

1Citation and commencement#

Part 2 · Universal Credit: limited capability for work element

4Amendments to the Universal Credit Regulations 2013#

5Amendments to the Universal Credit (Transitional Provisions) Regulations 2014#

Part 3 · Universal Credit: work-related requirements

6Amendments to the Universal Credit Regulations 2013#

Part 4 · Consequential, transitional and savings provisions

7Consequential, transitional and savings provisions#

Schedule 1 · Consequential amendments to secondary legislation

Part 1 · Employment and Support Allowance: amendments to secondary legislation consequential on removal of work-related activity component

Part 2 · Universal Credit: amendments to secondary legislation consequential on removal of limited capability for work element

Schedule 2 · Transitional and savings provisions

Part 1 · Employment and Support Allowance: transitional and savings provisions

Part 2 · Universal Credit: transitional and savings provisions