The Universal Credit and Miscellaneous Amendments Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/597 |
2014No. 597
SOCIAL SECURITY
The Universal Credit and Miscellaneous Amendments Regulations 2014
11thMarch2014
18thMarch2014
28thApril2014
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 5(1)(p) and 189(1), (5) and (6) of the Social Security Administration Act 1992( 1), sections 10(3), 79(1), (4), (6) and (7) and 84 of the Social Security Act 1998( 2), sections 6H(5) and (6), 6J(5)(b), 6K(4)(b) and (5), 12(1) and (2), 35(1) and 36(2) and (4)(a) of the Jobseekers Act 1995( 3), sections 11H(5) and (6), 11J(3)(b) and (4), 17(1) and (2), 24(1) and 25(2) and (3) of the Welfare Reform Act 2007( 4) and sections 9(2), 10(3), 11(4), 12(3), 18(5), 22(2), 24(5) and (6), 26(6)(b), 27(5)(b), 28, 37(6), 40 and 42(1), (2) and (3)(a) of the Welfare Reform Act 2012( 5).
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations need not be referred to it( 6).
Citation and commencement
1. These Regulations may be cited as the Universal Credit and Miscellaneous Amendments Regulations 2014 and come into force on 28th April 2014.
Amendment of the Universal Credit Regulations 2013
2. (1) The Universal Credit Regulations 2013( 7) are amended as follows.
(2) In regulation 2 (interpretation)( 8) after the definition of "employment and support allowance" insert-
""enactment" includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament or the National Assembly of Wales;".
(3) In regulation 37 (run-on after a death) at the end of sub-paragraph (b) omit "or" and after sub-paragraph (c) insert-
"; or
(d) a person who was a non-dependant within the meaning of paragraph 9(2) of Schedule 4,".(4) In regulation 39 (limited capability for work)-
(a) in paragraph (6), insert at the start "Subject to paragraph (7),";(b) after paragraph (6), insert-"(7) Where the circumstances set out in paragraph 4 or 5 of Schedule 8 apply, a claimant may only be treated as having limited capability for work if the claimant does not have limited capability for work as determined in accordance with an assessment under this Part.".(5) In regulation 40 (limited capability for work and work-related activity)-
(a) in paragraph (5), insert at the start "Subject to paragraph (6),";(b) after paragraph (5), insert-"(6) Where the circumstances set out in paragraph 4 of Schedule 9 apply, a claimant may only be treated as having limited capability for work and work-related activity if the claimant does not have limited capability for work and work-related activity as determined in accordance with an assessment under this Part.".(6) In regulation 98(4) (victims of domestic violence)( 9) for paragraph (a) of the definition of "registered social worker" substitute-
"(a) The Health and Care Professions Council;".(7) In regulation 99 (circumstances in which requirements must not be imposed)-
(a) in paragraphs (1) and (2) omit ", (5)" in each place it occurs;(b) after paragraph (2), insert-"(2A) Where paragraph (5) applies-(a) the Secretary of State must not impose a work search requirement on a claimant;and
(b) a work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (5) begin to apply.(2B) Where paragraph (5A) applies "able and willing to take up work" under a work availability requirement means able and willing to take up paid work, or to attend an interview, immediately once the circumstances set out in paragraph (5A) no longer apply.(2C) Where paragraph (5B) applies, "able and willing to take up work" under a work availability requirement means-(a) able and willing to take up paid work immediately once the circumstances set out in paragraph (5B) no longer apply; and(b) able and willing to attend an interview before those circumstances no longer apply.";(c) in paragraph (5) omit "or a work availability requirement" and "or 18(3)"; and(d) after paragraph (5), insert-"(5A) This paragraph applies where the Secretary of State is satisfied that it would be unreasonable to require the claimant to comply with a work availability requirement to be able and willing to-(a) take up paid work; and(b) attend an interview,(including if such a requirement were limited in accordance with section 18(3) of the Act) because the claimant falls within sub-paragraph (a), (b), or (c) of paragraph (5).
(5B) This paragraph applies where the Secretary of State is satisfied that it would be-(a) unreasonable to require the claimant to comply with a work availability requirement to be able and willing to take up paid work because the claimant falls within sub-paragraph (a), (b) or (c) of paragraph (5); and(b) reasonable to require the claimant to comply with a work availability requirement to be able and willing to attend an interview;including if such requirement were limited in accordance with section 18(3) of the Act.".
(8) In regulation 101(4) (general principles for calculating reduction periods), for "14" substitute "13".
(9) In regulation 102(2)(a)(ii) and (iii) and (b)(ii) (higher-level sanction), for "365" substitute "364".
(10) In regulation 103(2)(a)(ii) and (b)(ii) (medium-level sanction), for "365" substitute "364".
(11) In regulation 104(2)(b)(ii) and (iii) and (3)(b) (low-level sanction), for "365" substitute "364".
(12) In regulation 116 (conditions for hardship payments)-
(a) at the end of paragraph (1)(f) omit "and";(b) after paragraph (1)(g), insert-"; and
(h) the daily reduction rate in regulation 111(1) applies for the purposes of the reduction in respect of the claimant under section 26 or 27 of the Act."; and(c) in paragraph (2)(a)(i), for "regulation 111" substitute "regulation 111(1)".(13) In Schedule 4 (housing costs element for renters), in paragraph 7 (relevant payments calculated monthly)-
(a) after sub-paragraph (2)(a) insert-"(aa) two-weekly payments are multiplied by 26 and divided by 12;";(b) in sub-paragraph (3) after "rent free periods," insert "subject to sub-paragraph (3A),";(c) after sub-paragraph (3) insert-"(3A) Where sub-paragraph (3) applies and the relevant payments in question are-(a) weekly payments, the total number of weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula-(b) two-weekly payments, the total number of two-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula-(c) four-weekly payments, the total number of four-weekly payments which the renter is liable to make in any...To continue reading
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