The Universal Credit Regulations 2013

• Citation: S.I. 2013/376
• Sections: 266

Section 1 Citation and commencement

These Regulations may be cited as the Universal Credit Regulations 2013 and come into force on 29th April 2013.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Welfare Reform Act 2012;

...

“ adopter ” has the meaning in regulation 89(3)(a);

“ adult disability payment ” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

“ attendance allowance ” means—

an attendance allowance under section 64 of the Contributions and Benefits Act;

an increase of disablement pension under section 104 or 105 of that Act (increases where constant attendance needed and for exceptionally severe disablement);

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

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;

any payment based on the need for attendance which is paid as an addition to a war disablement pension;

armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

...

“blind” means certified as severely sight impaired or blind by a consultant ophthalmologist;

“ care leaver ” has the meaning in regulation 8;

“ carer's allowance ” means a carer's allowance under section 70 of the Contributions and Benefits Act ;

“ carer element ” has the meaning in regulation 29;

“ carer support payment ” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

“child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;

“ childcare costs element ” has the meaning in regulation 31;

“ child element ” has the meaning in regulation 24;

“ close relative ”, in relation to a person, means—

a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother or sister; and

if any of the above is a member of a couple, the other member of the couple;

“ confinement ” has the meaning in regulation 8;

“ Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;

“ course of advanced education ” has the meaning in regulation 12;

“the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

“ disability living allowance ” means an allowance under section 71 of the Contributions and Benefits Act;

“ earned income ” has the meaning in Chapter 2 of Part 6;

“ EEA Regulations ” means the Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020. ;

“ employment and support allowance ” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012 (removing references to an income-related allowance);

“enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament or the National Assembly of Wales;

“ ESA Regulations ” means the Employment and Support Allowance Regulations 2013 ;

“ expected number of hours per week ” has the meaning in regulation 88;

“ foster parent ” means—

in relation to England, a person with whom a child is placed under the Care Planning, Placement and Case Review (England) Regulations 2010 ;

in relation to Wales, a person with whom a child is placed under the Care Planning, Placement and Case Review (Wales) Regulations 2015 ;

in relation to Scotland, a foster carer or kinship carer with whom a child is placed under the Looked After Children (Scotland) Regulations 2009 ;

“ grant ” has the meaning in regulation 68;

“ health care professional ” means (except in regulation 98)—

a registered medical practitioner;

a registered nurse; or

an occupational therapist or physiotherapist registered with a regulatory body established by Order in Council under section 60 of the Health Act 1999 ;

“ housing costs element ” has the meaning in regulation 25;

“ individual threshold ” has the meaning in regulation 90(2);

“ industrial injuries benefit ” means a benefit under Part 5 of the Contributions and Benefits Act;

“ ITEPA ” means the Income Tax (Earnings and Pensions) Act 2003 ;

“ jobseeker's allowance ” means an allowance under the Jobseekers Act 1995 as amended by Part 1 of Schedule 14 to the Act (removing references to an income-based allowance);

“ local authority ” means—

in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

in relation to Wales, a county council, a county borough council or a community council;

in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

“ local welfare provision ” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

meeting, or helping to meet, an immediate short term need—

arising out of an exceptional event, or exceptional circumstances; and

that requires to be met in order to avoid a risk to the well-being of an individual; or

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

in prison, hospital, a residential care establishment or other institution; or

homeless or otherwise living an unsettled way of life;

“LCWRA element” has the meaning in regulation 27;

“ looked after by a local authority ” in relation to a child or young person means a child or young person who is looked after by a local authority within the meaning of section 22 of the Children Act 1989 , section 17(6) of the Children (Scotland) Act 1995 or section 74 of the Social Services and Well-being (Wales) Act 2014 ;

“ maternity allowance ” means a maternity allowance under section 35 or 35B of the Contributions and Benefits Act;

“ Medical Evidence Regulations ” means the Social Security (Medical Evidence) Regulations 1976 ;

“monthly earnings” has the meaning in regulation 90(6);

“ national insurance contribution ” means a contribution under Part 1 of the Contributions and Benefits Act;

“National Minimum Wage Regulations” means the National Minimum Wage Regulations 2015;

“ Scottish adult disability living allowance ” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

“ ... statutory paternity pay ” means ... statutory paternity pay under Part 12ZA of the Contributions and Benefits Act;

“ paid work ” means work done for payment or in expectation of payment and does not include being engaged by a charitable or voluntary organisation, or as a volunteer, in circumstances in which the payment received by or due to be paid to the person is in respect of expenses;

“ partner ” means (except in regulation 77) the other member of a couple;

“ pension age disability payment ” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;

“ personal independence payment ” means an allowance under Part 4 of the Welfare Reform Act 2012;

“ pre-2026 claimant ” has the meaning in regulation 27A(1);

“ prisoner ” means—

a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 ,

other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 ;

“ qualifying young person ” has the meaning in regulation 5;

“ redundancy ” has the meaning in section 139(1) of the Employment Rights Act 1996 ;

...

“ regular and substantial caring responsibilities for a severely disabled person ” has the meaning in regulation 30;

“ relevant childcare ” has the meaning in regulation 35;

“ responsible for a child or qualifying young person ” has the meaning in regulation 4;

“ severe conditions criteria claimant ” has the meaning in regulation 40A(2);

“ statutory adoption pay ” means a payment under Part 12ZB of the Contributions Benefits Act ;

“ statutory maternity pay ” means a payment under Part 12 of the Contributions and Benefits Act;

“ statutory neonatal care pay ” means a payment under Part 12ZE of the Contributions and Benefits Act;

“ statutory parental bereavement pay ” means statutory parental bereavement pay payable in accordance with Part 12ZD of the Contributions and Benefits Act;

“statutory shared parental pay” means statutory shared parental pay payable in accordance with Part 12ZC of the Contributions and Benefits Act;

“ statutory sick pay ” means a payment under Part 11 of the Contributions and Benefits Act;

“step-parent”, in relation to a child or qualifying young person (“A”), means a person who is not A’s parent but—

is a member of a couple, the other member of which is a parent of A, where both are responsible for A; or

was previously a member of a couple, the other member of which was a parent of A, where immediately prior to ceasing to be a member of that couple the person was, and has since continued to be, responsible for A.

“ student loan ” has the meaning in regulation 68;

“ terminally ill ” means suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 12 months ;

“ total outstanding reduction period ” has the meaning in regulation 101(5);

“ trade dispute ” has the meaning in section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992 ;

“ unearned income ” has the meaning in Chapter 3 of Part 6;

“ war disablement pension ” means any retired pay, pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of ITEPA;

...

“ widowed mother's allowance ” means an allowance under section 37 of the Contributions and Benefits Act;

“ widowed parent's allowance ” means an allowance under section 39A of the Contributions and Benefits Act ;

“ widow's pension ” means a pension under section 39 of the Contributions and Benefits Act.

Section 3 Couples

(1) This regulation makes provision in relation to couples, including cases where both members of a couple may be entitled to universal credit jointly without each of them meeting all the basic conditions referred to in section 4 of the Act (see paragraph (2)) and cases where a person whose partner does not meet all the basic conditions or is otherwise excluded from entitlement to universal credit may make a claim as a single person (see paragraph (3)).

(2) A couple may be entitled to universal credit as joint claimants where—

(a) one member does not meet the basic condition in section 4(1)(b) (under the qualifying age for state pension credit) if the other member does meet that condition; or

(b) one member does not meet the basic condition in section 4(1)(d) (not receiving education) and is not excepted from that condition if the other member does meet that condition or is excepted from it.

(3) A person who is a member of a couple may make a claim as a single person if the other member of the couple—

(a) does not meet the basic condition in section 4(1)(a) (at least 18 years old) and is not a person in respect of whom the minimum age specified in regulation 8 applies;

(b) does not meet the basic condition in section 4(1)(c) (in Great Britain);

(c) is a prisoner; . . .

(d) is a person other than a prisoner in respect of whom entitlement does not arise by virtue of regulation 19 (restrictions on entitlement) ; or

(e) is a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies,

and regulations 18 (capital limit), 36 (amount of elements) and 22 (deduction of income and work allowance) provide for the calculation of the award in such cases.

(4) Where two people are parties to a polygamous marriage, the fact that they are husband and wife is to be disregarded if—

(a) one of them is a party to an earlier marriage that still subsists; and

(b) the other party to that earlier marriage is living in the same household,

and, accordingly, the person who is not a party to the earlier marriage may make a claim for universal credit as a single person.

(5) In paragraph (4) “ polygamous marriage ” means a marriage during which a party to it is married to more than one person and which took place under the laws of a country which permits polygamy.

(6) Where the claimant is a member of a couple, and the other member is temporarily absent from the claimant's household, they cease to be treated as a couple if that absence is expected to exceed, or does exceed, 6 months.

Section 4 When a person is responsible for a child or qualifying young person

(1) Whether a person is responsible for a child or qualifying young person for the purposes of Part 1 of the Act and these Regulations is determined as follows.

(2) A person is responsible for a child or qualifying young person who normally lives with them.

(3) But a person is not responsible for a qualifying young person if the two of them are living as a couple.

(4) Where a child or qualifying young person normally lives with two or more persons who are not a couple, only one of them is to be treated as responsible and that is the person who has the main responsibility.

(5) The persons mentioned in paragraph (4) may jointly nominate which of them has the main responsibility but the Secretary of State may determine that question—

(a) in default of agreement; or

(b) if a nomination or change of nomination does not, in the opinion of the Secretary of State, reflect the arrangements between those persons.

(6) Subject to regulation 4A, a child or qualifying young person is to be treated as not being the responsibility of any person during any period when the child or qualifying young person is—

(a) looked after by a local authority; or

(b) a prisoner,

. . .

(7) Where a child or qualifying young person is temporarily absent from a person's household the person ceases to be responsible for the child or qualifying young person if—

(a) the absence is expected to exceed, or does exceed, 6 months; or

(b) the absence is from Great Britain and is expected to exceed, or does exceed, one month unless it is in circumstances where an absence of a person for longer than one month would be disregarded for the purposes of regulation 11(2) or (3) (medical treatment or convalescence or death of close relative etc.).

Section 4A Responsibility for children looked after by a local authority

(1) There is excluded from regulation 4(6)(a)—

(a) any period which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person;

(b) any period during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for them ;

(c) any period during which the child or qualifying young person is placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.

(2) For the purposes of this regulation, a person has parental responsibility if they are not a foster parent and—

(a) in England and Wales, they have parental responsibility within the meaning of section 3 of the Children Act 1989 ; or

(b) in Scotland, they have any or all of the legal responsibilities or rights described in sections 1 or 2 of the Children (Scotland) Act 1995 .

Section 5 Meaning of “qualifying young person”

(1) A person who has reached the age of 16 but not the age of 20 is a qualifying young person for the purposes of Part 1 of the Act and these Regulations—

(a) up to, but not including, the 1st September following their 16th birthday; and

(b) up to, but not including, the 1st September following their 19th birthday, if they are enrolled on, or accepted for, approved training or a course of education—

(i) which is not a course of advanced education,

(ii) which is provided at a school or college or provided elsewhere but approved by the Secretary of State, and

(iii) where the average time spent during term time in receiving tuition, engaging in practical work or supervised study or taking examinations exceeds 12 hours per week.

(2) Where the young person is aged 19, they must have started the education or training or been enrolled on or accepted for it before reaching that age.

(3) The education or training referred to in paragraph (1) does not include education or training provided by means of a contract of employment.

(4) “ Approved training ” means training in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 which is approved by the Secretary of State for the purposes of this regulation.

(5) A person who is receiving universal credit, an employment and support allowance or a jobseeker's allowance is not a qualifying young person.

Section 6 Rounding

(1) Where the calculation of an amount for the purposes of these Regulations results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.

(1A) Where the calculation of an amount for the purposes of the following provisions results in a fraction of a pound, that fraction is to be disregarded—

(za) regulation 82(1)(a) (exceptions – earnings);

(a) regulation 90 (claimants subject to no work-related requirements – the earnings thresholds); and

(b) regulation 99(6) (circumstances in which requirements must not be imposed) ; ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This regulation does not apply to the calculation in regulation 111 (daily rate for a reduction under section 26 or 27 of the Act).

Section 7 Introduction

This Part contains provisions about—

(a) the requirement to meet the basic conditions in section 4 of the Act, including exceptions from that requirement;

(b) the maximum amount of capital and the minimum amount of universal credit for the financial conditions in section 5 of the Act; and

(c) cases where no entitlement to universal credit arises even if the basic conditions and the financial conditions are met.

Section 8 Cases where the minimum age is 16

(1) For the basic condition in section 4(1)(a) of the Act (at least 18 years old), the minimum age is 16 years old where a person—

(a) has limited capability for work;

(b) is awaiting an assessment under Part 5 to determine whether the person has limited capability for work and has a statement given ... in accordance with the Medical Evidence Regulations which provides that the person is not fit for work;

(c) has regular and substantial caring responsibilities for a severely disabled person;

(d) is responsible for a child;

(e) is a member of a couple the other member of which is responsible for a child or a qualifying young person (but only where the other member meets the basic conditions in section 4 of the Act);

(f) is pregnant, and it is 11 weeks or less before her expected week of confinement, or was pregnant and it is 15 weeks or less since the date of her confinement; or

(g) is without parental support (see paragraph (3)).

(2) Sub-paragraphs (c), (f) and (g) of paragraph (1) do not include any person who is a care leaver.

(3) For the purposes of paragraph (1)(g) a young person is without parental support where that person is not being looked after by a local authority and—

(a) has no parent;

(b) cannot live with their parents because—

(i) the person is estranged from them, or

(ii) there is a serious risk to the person's physical or mental health, or that the person would suffer significant harm if the person lived with them; or

(c) is living away from their parents, and neither parent is able to support the person financially because that parent—

(i) has a physical or mental impairment,

(ii) is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii) is prohibited from entering or re-entering Great Britain.

(4) In this regulation—

“ parent ” includes any person acting in the place of a parent;

“ care leaver ” means—

in relation to England ..., an eligible child for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989 or a relevant child for the purposes of section 23A of that Act;

in relation to Scotland, a person under the age of 18 who—

is looked after by a local authority; or

has ceased to be looked after by a local authority but is a person to whom a local authority in Scotland is obliged to provide advice and assistance in terms of section 29(1) of the Children (Scotland) Act 1995 or a person who is being provided with continuing care under section 26A of that Act,

and who, since reaching the age of 14 has been looked after by a local authority for a period of, or periods totalling, 3 months or more (excluding any period where the person has been placed with a member of their family);

in relation to Wales, a category 1 young person or category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014.

“ confinement ” means—

labour resulting in the birth of a living child; or

labour after 24 weeks of pregnancy resulting in the birth of a child whether alive or dead, and where a woman's labour begun on one day results in the birth of a child on another day she is to be taken to be confined on the date of the birth.

Section 9 Persons treated as not being in Great Britain

(1) For the purposes of determining whether a person meets the basic condition to be in Great Britain, except where a person falls within paragraph (4) and subject to paragraph (4A) , a person is to be treated as not being in Great Britain if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(2) A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.

(3) For the purposes of paragraph (2), a right to reside does not include a right which exists by virtue of, or in accordance with—

(a) regulation 13 of the EEA Regulations ...; ...

(aa) regulation 14 of the EEA Regulations, but only in cases where the right exists under that regulation because the person is–

(i) a qualified person for the purposes of regulation 6(1) of those Regulations as a jobseeker; or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; ...

(b) regulation 16 of the EEA Regulations , but only in cases where the right exists under that regulation because the person satisfies the criteria in regulation 16(5) of those Regulations ... ; or

(c) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(i) Appendix EU to the immigration rules made under section 3(2) of that Act; ...

(ii) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act ; or

(iii) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.

(3A) Paragraph (3)(c)(i) does not apply to a person who—

(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b) would have a right to reside under the EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3)(a) or (b)

(4) A person falls within this paragraph if the person is—

(za) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

(i) the Afghan Relocations and Assistance Policy; or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(zb) a person in Great Britain not coming within sub-paragraph (za) or (e) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

(zc) a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; ...

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act or ;

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(zd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(ze) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(zf) a person who—

(i) was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(aa) provided public information to advise British nationals to leave that country or territory, or

(bb) arranged the evacuation of British nationals from that country or territory;

(ii) has left that country or territory and is present in Great Britain; and

(iii) has—

(aa) a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(bb) no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(cc) leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

(dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(zg) a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules;

(a) a qualified person for the purposes of regulation 6 of the EEA Regulations as a worker or a self-employed person;

(b) a family member of a person referred to in sub-paragraph (a) ...;

(c) a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations;

(ca) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3)(c)(i), provided that the relevant person of Northern Ireland falls within paragraph (4)(a), or would do so but for the fact that they are not an EEA national;

(cb) a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;

(cc) a family member of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;

(d) a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(e) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 ...

(f) a person who has humanitarian protection granted under those rules; or

(g) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of their deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

(4A) A person who falls within paragraph (4)(zf) will be treated as a person in Great Britain in the circumstances specified in paragraph (1) for 6 months beginning on the day on which the public information is issued, or the evacuation is started.

(5) In this regulation—

“EEA national” has the meaning given in regulation 2(1) of the EEA Regulations;

“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) of the EEA Regulations does not apply for the purposes of paragraphs (3A) and (4)(ca);

“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.

Section 10 Crown servants and members of Her Majesty's forces posted overseas

(1) The following persons do not have to meet the basic condition to be in Great Britain—

(a) a Crown servant or member of Her Majesty's forces posted overseas;

(b) in the case of joint claimants, the partner of a person mentioned in sub-paragraph (a) while they are accompanying the person on that posting.

(2) A person mentioned in paragraph (1)(a) is posted overseas if the person is performing overseas the duties of a Crown servant or member of Her Majesty's forces and was, immediately before their posting or the first of consecutive postings, habitually resident in the United Kingdom.

(3) In this regulation—

“ Crown servant ” means a person holding an office or employment under the Crown; and

“ Her Majesty's forces ” has the meaning in the Armed Forces Act 2006 .

Section 11 Temporary absence from Great Britain

(1) A person's temporary absence from Great Britain is disregarded in determining whether they meet the basic condition to be in Great Britain if—

(a) the person is entitled to universal credit immediately before the beginning of the period of temporary absence; and

(b) either—

(i) the absence is not expected to exceed, and does not exceed, one month, or

(ii) paragraph (3) or (4) applies , or

(iii) paragraph (4A) applies.

(2) The period of one month in paragraph (1)(b) may be extended by up to a further month if the temporary absence is in connection with the death of—

(a) the person's partner or a child or qualifying young person for whom the person was responsible; or

(b) a close relative of the person, or of their partner or of a child or qualifying young person for whom the person or their partner was responsible,

and the Secretary of State considers that it would be unreasonable to expect the person to return to Great Britain within the first month.

(3) This paragraph applies where the absence is not expected to exceed, and does not exceed, 6 months and is solely in connection with—

(a) the person undergoing—

(i) treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner, or

(ii) medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the person had that illness or impairment before leaving Great Britain; or

(b) the person accompanying their partner or a child or qualifying young person for whom they are responsible for treatment or convalescence or care as mentioned in sub-paragraph (a).

(4) This paragraph applies where the absence is not expected to exceed, and does not exceed, 6 months and the person is—

(a) a mariner; or

(b) a continental shelf worker who is in a designated area or a prescribed area.

(4A) This paragraph applies where—

(a) the person was present in a country or territory outside Great Britain immediately before His Majesty’s Government—

(i) provided public information to advise British nationals to leave that country or territory, or

(ii) arranged the evacuation of British nationals from that country or territory;

(b) paragraphs (1)(a), (b)(i), (b)(ii) or (2) applied to the person when the public information was issued or the evacuation began;

(c) the Secretary of State is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain; and

(d) the person did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

(4B) Where a person is temporarily absent from Great Britain, the total period of absence disregarded in determining whether they meet the basic condition to be in Great Britain will not exceed 6 months .

(5) In this regulation—

“ continental shelf worker ” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998 ;

“ designated area ” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

“ mariner ” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and

the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;

“ medically approved ” means certified by a registered medical practitioner;

“ prescribed area ” means any area over which Norway or any member State ... exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;

“ qualified practitioner ” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Section 12 Meaning of “receiving education”

(1) This regulation applies for the basic condition in section 4(1)(d) of the Act (not receiving education).

(1A) A qualifying young person is to be treated as receiving education, unless the person is participating in a relevant training scheme .

(1B) In paragraph (1A)

“relevant training scheme” means—

a traineeship, or

a course or scheme which—

comprises education or training designed to assist a claimant to gain the skills needed to obtain paid work (or more paid work or better-paid work);

is attended by a claimant falling within section 22 of the Act as a work preparation requirement or as voluntary work preparation, and

the claimant has been referred to by the Secretary of State;

“traineeship means a course which—

is funded (in whole or in part) by, or under arrangements made by, the—

Secretary of State under section 14 of the Education Act 2002, or

Chief Executive of Education and Skills Funding ;

lasts no more than 6 months;

includes training to help prepare the participant for work and a work experience placement; and

is open to persons who on the first day of the course have reached the age of 16 but not 25;

(2) Except in circumstances where paragraph (1A) applies “ receiving education ” means—

(a) undertaking a full-time course of advanced education; or

(b) undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for the person's maintenance.

(3) In paragraph (2)(a) “ course of advanced education ” means—

(a) a course of study leading to—

(i) a postgraduate degree or comparable qualification,

(ii) a first degree or comparable qualification,

(iii) a diploma of higher education,

(iv) a higher national diploma; or

(b) any other course of study which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), or above a Scottish national qualification (higher or advanced higher).

(4) A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (2) is nevertheless to be treated as receiving education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Secretary of State.

Section 13 Meaning of “undertaking a course”

(1) For the purposes of these Regulations a person is to be regarded as undertaking a course of education , study or training—

(a) throughout the period beginning on the date on which the person starts undertaking the course and ending on the last day of the course or on such earlier date (if any) as the person finally abandons it or is dismissed from it; or

(b) where a person is undertaking a part of a modular course, for the period beginning on the day on which that part of the course starts and ending—

(i) on the last day on which the person is registered as undertaking that part, or

(ii) on such earlier date (if any) as the person finally abandons the course or is dismissed from it.

(2) The period referred to in paragraph (1)(b) includes—

(a) where a person has failed examinations or has failed to complete successfully a module relating to a period when the person was undertaking a part of the course, any period in respect of which the person undertakes the course for the purpose of retaking those examinations or completing that module; and

(b) any period of vacation within the period specified in paragraph (1)(b) or immediately following that period except where the person has registered to attend or undertake the final module in the course and the vacation immediately follows the last day on which the person is to attend or undertake the course.

(3) In this regulation “ modular course ” means a course which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(4) A person is not to be regarded as undertaking a course for any part of the period mentioned in paragraph (1) during which the following conditions are met—

(a) the person has, with the consent of the relevant educational establishment, ceased to attend or undertake the course because they are ill or caring for another person;

(b) the person has recovered from that illness or ceased caring for that person within the past year, but not yet resumed the course; and

(c) the person is not eligible for a grant or student loan.

Section 14 Exceptions to the requirement not to be receiving education

(1) A person does not have to meet the basic condition in section 4(1)(d) of the Act (not receiving education) if—

(a) the person—

(i) is undertaking a full-time course of study or training which is not a course of advanced education,

(ii) is under the age of 21, or is 21 and reached that age whilst undertaking the course, and

(iii) is without parental support (as defined in regulation 8(3));

(b) the person is entitled to attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance , child disability payment , adult disability payment or personal independence payment and, on a date before the date on which the person starts receiving education—

(i) it has been determined that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 or under Part 4 or 5 of the ESA Regulations; or

(ii) the person is treated as having limited capability for work under Schedule 8 or limited capability for work and work-related activity under Schedule 9;

(c) the person is responsible for a child or a qualifying young person;

(d) the person is a single person and a foster parent with whom a child is placed;

(e) the person is a member of a couple, both of whom are receiving education, and the other member is—

(i) responsible for a child or qualifying young person, or

(ii) a foster parent with whom a child is placed; or

(f) the person—

(i) has reached the qualifying age for state pension credit, and

(ii) is a member of a couple the other member of which has not reached that age.

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

Section 15 Claimant commitment – date and method of acceptance

(1) For the basic condition in section 4(1)(e) of the Act, a person who has accepted a claimant commitment within such period after making a claim as the Secretary of State specifies is to be treated as having accepted that claimant commitment on the first day of the period in respect of which the claim is made.

(2) In a case where an award may be made without a claim, a person who accepts a claimant commitment within such period as the Secretary of State specifies is to be treated as having accepted a claimant commitment on the day that would be the first day of the first assessment period in relation to the award in accordance with regulation 21(3) or (3A) .

(3) The Secretary of State may extend the period within which a person is required to accept a claimant commitment or an updated claimant commitment where the person requests that the Secretary of State review—

(a) any action proposed as a work search requirement or a work availability requirement; or

(b) whether any limitation should apply to those requirements,

and the Secretary of State considers that the request is reasonable.

(4) A person must accept a claimant commitment by one of the following methods, as specified by the Secretary of State—

(a) electronically;

(b) by telephone; or

(c) in writing.

Section 16 Claimant commitment – exceptions

(1) A person does not have to meet the basic condition to have accepted a claimant commitment if the Secretary of State considers that—

(a) the person cannot accept a claimant commitment because they lack the capacity to do so; or

(b) there are exceptional circumstances in which it would be unreasonable to expect the person to accept a claimant commitment.

(2) A person does not have to meet the basic condition to have accepted a claimant commitment if the person is terminally ill.

Section 17 Minimum amount

For the purposes of section 5(1)(b) and (2)(b) of the Act (financial conditions: amount payable not less than any prescribed minimum) the minimum is one penny.

Section 18 Capital limit

(1) For the purposes of section 5(1)(a) and (2)(a) of the Act (financial conditions: capital limit)—

(a) the prescribed amount for a single claimant is £16,000; and

(b) the prescribed amount for joint claimants is £16,000.

(2) In a case where the claimant is a member of a couple, but makes a claim as a single person, the claimant's capital is to be treated as including the capital of the other member of the couple.

Section 19 Restrictions on entitlement – prisoners etc.

(1) Entitlement to universal credit does not arise where a person is—

(a) a member of a religious order who is fully maintained by their order;

(b) a prisoner; or

(c) serving a sentence of imprisonment detained in hospital.

(2) Paragraph (1)(b) does not apply during the first 6 months when the person is a prisoner where—

(a) the person was entitled to universal credit as a single person immediately before becoming a prisoner, and the calculation of their award included an amount for the housing costs element; and

(b) the person has not been sentenced to a term in custody that is expected to extend beyond that 6 months.

(3) In the case of a prisoner to whom paragraph (2) applies, an award of universal credit is not to include any element other than the housing costs element.

(4) In paragraph (1)(c) a person serving a sentence of imprisonment detained in hospital is a person who is—

(a) being detained—

(i) under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentence of imprisonment etc ), and

(ii) before the day which the Secretary of State certifies to be that person's release date within the meaning of section 50(3) of that Act (in any case where there is such a release date); or

(b) being detained under—

(i) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction), or

(ii) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).

Section 19A Waiting Days

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Section 20 Introduction

This Part contains provisions for the purposes of sections 7 and 8 of the Act about assessment periods and about the calculation of the amount of an award of universal credit.

Section 20A Awards

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Section 21 Assessment periods

(1) An assessment period is ... a period of one month beginning with the first date of entitlement and each subsequent period of one month during which entitlement subsists.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Each assessment period begins on the same day of each month except as follows—

(a) if the first date of entitlement falls on the 31st day of a month, each assessment period begins on the last day of the month; and

(b) if the first date of entitlement falls on the 29th or 30th day of a month, each assessment period begins on the 29th or 30th day of the month (as above) except in February when it begins on the 27th day or, in a leap year, the 28th day.

(2A) But paragraphs (1) and (2) are subject to regulation 21A (assessment period cycle to remain the same following change in the first date of entitlement).

(3) Where a new award is made to a single person without a claim by virtue of regulation 9(6)(a) or (10) of the Claims and Payments Regulations (old award has ended when the claimant ceased to be a member of a couple) each assessment period for the new award begins on the same day of each month as the assessment period for the old award.

(3A) Where a new award is made to members of a couple jointly without claim by virtue of regulation 9(6)(b) or (7) of the Claims and Payments Regulations (two previous awards have ended when the claimants formed a couple) each assessment period for the new award begins on the same day of each month as the assessment period for whichever of the old awards ended earlier.

(3B) Where a claim is treated as made by virtue of regulation 9(8) of the Claims and Payments Regulations (old award ended when a claimant formed a couple with a person not entitled to universal credit), each assessment period in relation to the new award begins on the same day of each month as the assessment period for the old award.

(3C) Where a claim is made by a single person or members of a couple jointly and the claimant (or either joint claimant) meets the following conditions—

(a) the claimant was previously entitled to an award of universal credit the last day of which fell within the 6 months preceding the date on which the claim is made; and

(b) during that 6 months —

(i) the claimant has continued to meet the basic conditions in section 4 of the Act (disregarding the requirement to have accepted a claimant commitment and any temporary period of absence from Great Britain that would be disregarded during a period of entitlement to universal credit); and

(ii) the claimant was not excluded from entitlement by regulation 19 (restrictions on entitlement – prisoners etc. ),

each assessment period for the new award begins on the same day of each month as the assessment period for the old award or, if there was an old award in respect of each joint claimant, the assessment period that ends earlier in relation to the date on which the claim is made.

(3D) For the purposes of this regulation it does not matter if, at the beginning of the first assessment period of the new award, the following persons do not meet the basic conditions in section 4(1)(a) and (c) of the Act (at least 18 years old and in Great Britain) or if they are excluded from entitlement under regulation 19 (restrictions on entitlement – prisoners etc. ) provided they meet those conditions (and are not so excluded) at the end of that assessment period—

(a) in a case to which paragraph (3B) applies, the member of the couple who was not entitled to universal credit; or

(b) in a case to which paragraph (3C) applies, the member of the couple who does not meet the conditions mentioned in that paragraph.

(3E) In this regulation “ the Claims and Payments Regulations ” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013.

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

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

Section 21A Assessment period cycle to remain the same following change in the first date of entitlement

(1) This regulation applies where—

(a) the first date of entitlement has been determined;

(b) it is subsequently determined that the first date of entitlement falls on a different date (the “start date”); and

(c) applying regulation 21(1) and (2) following that subsequent determination (and thereby changing the beginning of each assessment period) would, in the opinion of the Secretary of State, cause unnecessary disruption to the administration of the claim.

(2) Where this regulation applies—

(a) the first assessment period is to be a period of a length determined by the Secretary of State beginning with the start date;

(b) the amount payable in respect of that first assessment period is to be calculated as follows—

where—

N is the number of days in the period; and

A is the amount calculated in relation to that period as if it were an assessment period of one month; and

(c) regulation 21(1) and (2) apply to the second and subsequent assessment periods as if the day after the end of the first assessment period were the first date of entitlement.

Section 22 Deduction of income and work allowance

(1) The amounts to be deducted from the maximum amount in accordance with section 8(3) of the Act to determine the amount of an award of universal credit are—

(a) all of the claimant's unearned income (or in the case of joint claimants all of their combined unearned income) in respect of the assessment period; and

(b) the following amount of the claimant’s earned income (or, in the case of joint claimants, their combined earned income) in respect of the assessment period—

(i) in a case where no work allowance is specified in the table below (that is where a single claimant does not have, or neither of joint claimants has, responsibility for a child or qualifying young person or limited capability for work), 55% of that earned income; or

(ii) in any other case, 55% of the amount by which that earned income exceeds the work allowance specified in the table.

(2) The amount of the work allowance is—

(a) if the award contains no amount for the housing costs element, the applicable amount of the higher work allowance specified in the table below; and

(b) if the award does contain an amount for the housing costs element, the applicable amount of the lower work allowance specified in that table.

(3) In the case of an award where the claimant is a member of a couple, but makes a claim as a single person, the amount to be deducted from the maximum amount in accordance with section 8(3) of the Act is the same as the amount that would be deducted in accordance with paragraph (1) if the couple were joint claimants.

Section 22A Apportionment where re-claim delayed after loss of employment

(1) This regulation applies where—

(a) a new award is made in a case to which regulation 21(3C) (new claim within 6 months of a previous award) applies; and

(b) the claimant (or either joint claimant) is not in paid work and has ceased being in paid work since the previous award ended, other than in the 7 days ending with the date on which the claim is made.

(2) In calculating the amount of the award for the first assessment period in accordance with section 8 of the Act—

(a) the amount of each element that is to be included in the maximum amount; and

(b) the amount of earned and unearned income that is to be deducted from the maximum amount,

are each to be reduced to an amount produced by the following formula—

Where—

N is the number of days in the period beginning with the date on which the claim is made and ending with the last day of the assessment period; and

A is the amount of the element that would otherwise be payable for that assessment period or, as the case may be, the amount of earned and unearned income that would otherwise be deducted for that assessment period.

(3) The period of 7 days in paragraph (1)(b) may be extended if the Secretary of State considers there is good reason for the delay in making the claim.

Section 23 Introduction

(1) This Part contains provisions about the amounts (“the elements”) under—

(a) section 9 (the standard allowance);

(b) section 10 (responsibility for children and young persons);

(c) section 11 (housing costs); and

(d) section 12 (particular needs and circumstances),

of the Act that make up the maximum amount of an award of universal credit, as provided in section 8(2) of the Act.

(2) The elements to be included in an award under section 12 of the Act in respect of particular needs or circumstances are—

(a) ... the LCWRA element (see regulations 27 to 28);

(b) the carer element (see regulations 29 and 30); and

(c) the childcare costs element (see regulations 31 to 35).

Section 24 The child element

(1) The amount to be included in an award of universal credit for each child or qualifying young person for whom a claimant is responsible ... (“the child element”) is given in the table in regulation 36.

(2) An additional amount as shown in that table is to be included in respect of each child or qualifying young person who is disabled and that amount is—

(a) the lower rate, where the child or qualifying young person is entitled to disability living allowance , Scottish adult disability living allowance , child disability payment , adult disability payment or personal independence payment (unless sub-paragraph (b) applies); or

(b) the higher rate where the child or qualifying young person is—

(i) entitled to 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 , the care component of child disability payment at the highest rate in accordance with regulation 11(5) of the DACYP Regulations , 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 or the daily living component of personal independence payment at the enhanced rate, or

(ii) ... blind.

Section 24A Availability of the child element where maximum exceeded

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Section 24B Order of children and qualifying young persons

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Section 25 The housing costs element

(1) Paragraphs (2) to (4) specify for the purposes of section 11 of the Act (award of universal credit to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation they occupy as their home)—

(a) what is meant by payments in respect of accommodation (see paragraph (2));

(b) the circumstances in which a claimant is to be treated as liable or not liable to make such payments (see paragraph (3));

(c) the circumstances in which a claimant is to be treated as occupying or not occupying accommodation and in which land used for the purposes of any accommodation is to be treated as included in the accommodation (see paragraph (4)).

(2) The payments in respect of accommodation must be—

(a) payments within the meaning of paragraph 2 of Schedule 1 (“rent payments”);

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

(c) payments within the meaning of paragraph 7 of that Schedule (“service charge payments”).

(3) The circumstances of the liability to make the payments must be such that—

(a) the claimant (or either joint claimant)—

(i) has a liability to make the payments which is on a commercial basis, or

(ii) is treated under Part 1 of Schedule 2 as having a liability to make the payments; and

(b) none of the provisions in Part 2 of that Schedule applies to treat the claimant (or either joint claimant) as not being liable to make the payments.

(4) The circumstances in which the accommodation is occupied must be such that—

(a) the claimant is treated under Part 1 of Schedule 3 as occupying the accommodation as their home (including any land used for the purposes of the accommodation which is treated under that Part as included in the accommodation); and

(b) none of the provisions in Part 2 of that Schedule applies to treat the claimant as not occupying that accommodation.

(5) References in these Regulations—

(a) to the housing costs element are to the amount to be included in a claimant's award under section 11 of the Act;

(b) to a claimant who meets the payment condition, the liability condition or the occupation condition are, respectively, to any claimant in whose case the requirements of paragraph (2), (3) or (4) are met (and any reference to a claimant who meets all of the conditions specified in this regulation is to be read accordingly).

Section 26 Amount of the housing costs element – renters and owner-occupiers

(1) This regulation provides for the amount to be included in an award in respect of an assessment period in which the claimant meets all the conditions specified in regulation 25.

(2) Schedule 4 has effect in relation to any claimant where—

(a) the claimant meets all of those conditions; and

(b) the payments for which the claimant is liable are rent payments (whether or not service charge payments are also payable).

(3) Schedule 5 has effect in relation to any claimant where—

(a) the claimant meets all of those conditions; and

(b) the payments for which the claimant is liable are—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) service charge payments ....

(4) Where both paragraphs (2) and (3) apply in relation to a claimant who occupies accommodation under a shared ownership tenancy—

(a) an amount is to be calculated under each of Schedules 4 and 5; and

(b) the amount of the claimant's housing cost element is the aggregate of those amounts.

(5) But where, in a case to which paragraph (4) applies, there is a liability for service charge payments, the amount in respect of those payments is to be calculated under Schedule 4.

(6) “ Shared ownership tenancy ” means—

(a) in England and Wales, a lease granted on payment of a premium calculated by reference to a percentage of the value of accommodation or the cost of providing it;

(b) in Scotland, an agreement by virtue of which the tenant of accommodation of which the tenant and landlord are joint owners is the tenant in respect of the landlord's interest in the accommodation or by virtue of which the tenant has the right to purchase the accommodation or the whole or part of the landlord's interest in it.

Section 27 Award to include LCWRA element

(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”).

(2) The amount of that element is given in the table in regulation 36 by reference to whether the claimant is—

(a) a pre-2026 claimant,

(b) a severe conditions criteria claimant,

(c) terminally ill, or

(d) any other claimant.

(3) Whether a claimant has limited capability for ... work and work-related activity or is a severe conditions criteria claimant is determined in accordance with Part 5.

(4) In the case of joint claimants, where each of them has limited capability for work and work-related activity,

(a) the award is only to include one LCWRA element , and

(b) where the LCWRA element for each of them is a different amount, the LCWRA element to be included is the higher amount.

Section 27A Meaning of “pre-2026 claimant”

(1) For the purposes of regulation 27, a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” if the claimant—

(a) was entitled at any time before 6 April 2026 to an award of universal credit that included the LCWRA element, and

(b) has been entitled to an award of universal credit that included the LCWRA element continuously from that time.

(1A) Schedule 5A sets out further circumstances in which a claimant with limited capability for work and work-related activity is a “ pre-2026 claimant ” for the purposes of regulation 27.

(2) For the purpose of determining whether the claimant has been continuously entitled to an award of universal credit, no account is to be taken of any period of non-entitlement—

(a) that begins because the financial condition in section 5(1)(b) or (2)(b) of the Act ceases to be met, and

(b) that ends within the period of six months beginning with the day on which that condition ceased to be met.

Section 28 Period for which the ... LCWRA element is not to be included

(1) An award of universal credit is not to include the ... LCWRA element until the beginning of the assessment period that follows the assessment period in which the relevant period ends.

(2) The relevant period is the period of three months beginning with—

(a) if regulation 41(2) applies (claimant with monthly earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the ... LCWRA element to be included in the award; or

(b) in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

(3) But where, in the circumstances referred to in paragraph (4), there has been a previous award of universal credit—

(a) if the previous award included the ... LCWRA element, paragraph (1) does not apply; and

(b) if the relevant period in relation to that award has begun but not ended, the relevant period ends on the date it would have ended in relation to the previous award.

(4) The circumstances are where—

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

(b) within the six months before the award commences, the previous award has ceased because the financial condition in section 5(1)(b) (or, if it was a joint claim, section 5(2)(b)) of the Act was not met.

(5) Paragraph (1) also does not apply if—

(a) the claimant is terminally ill; or

(b) the claimant—

(i) is entitled to an employment and support allowance that includes the support component ..., or

(ii) was so entitled on the day before the award of universal credit commenced and has ceased to be so entitled by virtue of section 1A of the Welfare Reform Act 2007 (duration of contributory allowance).

(6) Paragraph (1) does not apply where a claimant has limited capability for work and it is subsequently determined that they have limited capability for work and work-related activity.

(7) Where, by virtue of this regulation, the condition in section 5(1)(b) or 5(2)(b) of the Act is not met, the amount of the claimant's income (or, in the case of joint claimants, their combined income) is to be treated during the relevant period as such that the amount payable is the prescribed minimum (see regulation 17).

Section 29 Award to include the carer element

(1) An award of universal credit is to include an amount (“the carer element”) specified in the table in regulation 36 where a claimant has regular and substantial caring responsibilities for a severely disabled person, but subject to paragraphs (2) to (6) and section 70 of the Contributions and Benefits Act (entitlement by different persons to the carer element and to carer’s allowance or carer support payment in respect of the same severely disabled person .

(2) In the case of joint claimants, an award is to include the carer element for both joint claimants if they both qualify for it, but only if they are not caring for the same severely disabled person.

(3) Where two or more persons have regular and substantial caring responsibilities for the same severely disabled person, an award of universal credit may only include the carer element in respect of one them and that is the one they jointly elect or, in default of election, the one the Secretary of State determines.

(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.

(5) Paragraph (6) applies where—

(a) a person (A)—

(i) has, or would have but for regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, an entitlement to carer support payment; or

(ii) has, or would have but for section 70 of the Contributions and Benefits Act, an entitlement to carer’s allowance in respect of which the Scottish Ministers have the power to make decisions; and

(b) another person (B) has, or would have but for this regulation, an entitlement to the carer element of universal credit for the same day in respect of the same severely disabled person; and

(c) section 70 of the Contributions and Benefits Act does not apply to the decision in respect of B’s entitlement to universal credit.

(6) The universal credit award of B shall not include a carer element unless—

(a) A and B jointly elect that B shall have entitlement to the carer element and that A shall not have an entitlement mentioned in paragraph (5)(a) for that day in respect of that severely disabled person; or

(b) in default of such an election, the Secretary of State is satisfied, following consultation with the Scottish Ministers, that—

(i) Scottish Ministers have decided, or will decide, that A shall not have an entitlement mentioned in paragraph (5)(a); and

(ii) B shall have a carer element included in their award of universal credit,

for that day in respect of that severely disabled person.

Section 30 Meaning of “regular and substantial caring responsibilities for a severely disabled person”

(1) For the purposes of Part 1 of the Act and these Regulations, a person has regular and substantial caring responsibilities for a severely disabled person if—

(a) they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—

(i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or

(ii) they are—

(aa) resident, or treated as resident, in Scotland; or

(bb) resident outside of Great Britain and have a genuine and sufficient link to Scotland; or

(b) they are entitled to carer support payment.

(2) Paragraph (1)(a) applies whether or not the person has made a claim for a carer's allowance.

(3) But a person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.

(4) For the purposes of paragraph (1), “ sufficient ” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Section 31 Award to include childcare costs element

An award of universal credit is to include an amount in respect of childcare costs (“the childcare costs element”) in respect of an assessment period in which the claimant meets both—

(a) the work condition (see regulation 32); and

(b) the childcare costs condition (see regulation 33).

Section 32 The work condition

(1) The work condition is met in respect of an assessment period if —

(a) the claimant is in paid work or has an offer of paid work that is due to start before the end of the next assessment period; and

(b) if the claimant is a member of a couple (whether claiming jointly or as a single person), the other member is either in paid work or is unable to provide childcare because that person—

(i) has limited capability for work,

(ii) has regular and substantial caring responsibilities for a severely disabled person, or

(iii) is temporarily absent from the claimant's household.

(2) For the purposes of meeting the work condition in relation to an assessment period a claimant is to be treated as being in paid work if—

(a) the claimant has ceased paid work—

(i) in that assessment period,

(ii) in the previous assessment period, or

(iii) if the assessment period in question is the first or second assessment period in relation to an award, in that assessment period or in the month immediately preceding the commencement of the award; or

(b) the claimant is receiving statutory sick pay, statutory maternity pay, ... statutory paternity pay, ... statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay , statutory neonatal care pay or a maternity allowance.

Section 33 The childcare costs condition

(1) The childcare costs condition is met in respect of an assessment period if—

(za) the claimant has paid charges for relevant childcare that are attributable to that assessment period (see regulation 34A) and those charges have been reported to the Secretary of State before the end of the assessment period that follows the assessment period in which they were paid ;

(a) the charges are in respect of —

(i) a child, or

(ii) a qualifying young person who has not reached the 1st September following their 16th birthday,

for whom the claimant is responsible; and

(b) the charges are for childcare arrangements—

(i) that are to enable the claimant to take up paid work or to continue in paid work, or

(ii) where the claimant is treated as being in paid work by virtue of regulation 32(2), that are to enable the claimant to maintain childcare arrangements that were in place when the claimant ceased paid work or began to receive those benefits.

(2) The late reporting of charges for relevant childcare may be accepted in the same circumstances as late notification of a change of circumstances may be accepted under regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 and, in such cases, subject to regulation 34A below, all or part of any such charges may be taken into account in any assessment period to which they relate.

(3) For the purposes of paragraph (2), “the relevant notification period” in regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 means a period of time ending on the last day of the assessment period that follows the assessment period in which the charges for relevant childcare were paid.

Section 34 Amount of childcare costs element

(1) The amount of the childcare costs element for an assessment period is the lesser of—

(a) 85% of the charges paid for relevant childcare that are attributable to that assessment period; or

(b) the maximum amount specified in the table in regulation 36.

(2) In determining the amount of charges paid for relevant childcare, there is to be left out of account any amount—

(a) that the Secretary of State considers excessive having regard to the extent to which the claimant (or, if the claimant is a member of a couple, the other member) is engaged in paid work; or

(b) that is met or reimbursed by an employer or some other person or is covered by other relevant support.

(3) “ Other relevant support” means payments out of funds provided by the Secretary of State or by Scottish or Welsh Ministers in connection with the claimant’s participation in work-related activity or training but does not include payments made by the Secretary of State where—

(a) the claimant—

(i) has taken up, or is due to take up, paid work; or

(ii) has increased, or is due to increase, their hours of paid work;

(b) the claimant is required to pay the charges for relevant childcare before they receive a payment of universal credit that reflects the increase in the claimant’s earned income as a result of sub-paragraph (a); and

(c) if the payment is not taken into account in determining the charges paid by the claimant for childcare the claimant will be less likely to continue in paid work or maintain the increase in hours of paid work.

Section 34A Charges attributable to an assessment period

(1) Charges paid for relevant childcare are attributable to an assessment period where—

(a) those charges are paid in that assessment period for relevant childcare in respect of that assessment period; or

(b) those charges are paid in that assessment period for relevant childcare in respect of a previous assessment period;or

(c) those charges were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.

(2) For the purposes of paragraph (1)(c), where a claimant pays charges for relevant childcare in advance, the amount which they have paid in respect of any assessment period is to be calculated as follows: Step 1 Take the total amount of the advance payment (leaving out of account any amount referred to in regulation 34(2)). Step 2 Apply the formula—

Where—

PA is the amount resulting from step 1;

D is the total number of days covered by the payment referred to in step 1, and

AP is the number of days covered by the payment which also fall within the assessment period in question.

(3) In this regulation, a reference to an assessment period in which charges are paid, or in respect of which charges are paid, includes any month preceding the commencement of the award that begins on the same day as each assessment period in relation to a claimant's current award.

Section 35 Meaning of “relevant childcare”

(1) “ Relevant childcare ” means any of the care described in paragraphs (2) to (5) other than care excluded by paragraph (7) or (8).

(2) Care provided in England for a child—

(a) by a person registered under Part 3 of the Childcare Act 2006 ; or

(b) by or under the direction of the proprietor of a school as part of the school's activities—

(i) out of school hours, where a child has reached compulsory school age, or

(ii) at any time, where a child has not yet reached compulsory school age; or

(c) by a domiciliary care provider registered with the Care Quality Commission in accordance with the requirements of the Health and Social Care Act 2008 .

(3) Care provided in Scotland for a child—

(a) by a person in circumstances in which the care service provided by the person consists of child minding or of day care of children within the meaning of schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act; or

(b) by a childcare agency where the care service consists of or includes supplying, or introducing to persons who use the service, childcarers within the meaning of paragraph 5 of schedule 12 to the Public Services Reform (Scotland) Act 2010; or

(c) by a local authority in circumstances in which the care service provided by the local authority consists of child minding or of day care of children within the meaning of schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act

(4) Care provided in Wales for a child—

(a) by a person registered under Part 2 of the Children and Families (Wales) Measure 2010 ;

(b) in circumstances in which, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010 , the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010;

(c) by a childcare provider approved in accordance with a scheme made by the National Assembly for Wales under section 12(5) of the Tax Credits Act 2002 or made by the Welsh Ministers under section 60 (promotion etc. of well-being) of the Government of Wales Act 2006 ;

(d) out of school hours, by a school on school premises or by a local authority;

(e) by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; or

(f) by a foster parent in relation to the child (other than one whom the foster parent is fostering) in circumstances in which the care would be child minding or day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 but for the fact that the child is over the age of the children to whom that Measure applies.

(5) Care provided anywhere outside Great Britain by a childcare provider approved by an organisation accredited by the Secretary of State.

(5A) In paragraph (2)(b), “ school ” means a school that Her Majesty's Chief Inspector of Education, Children's Services and Skills is, or may be, required to inspect.

(6) In paragraphs (2)(b) and (4)(d)—

(a) “ proprietor ”, in relation to a school, means—

(i) the governing body incorporated under section 19 of the Education Act 2002 , or

(ii) if there is no such governing body, the person or body of persons responsible for the management of the school; and

(b) “ school premises ” means premises that may be inspected as part of an inspection of the school.

(7) The following are not relevant childcare—

(a) care provided for a child by a close relative of the child, wholly or mainly in the child's home; and

(b) care provided by a person who is a foster parent of the child.

(8) Care is not within paragraph (2)(a) if it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.

(9) In this regulation “ child ” includes a qualifying young person mentioned in regulation 33(1)(a)(ii).

Section 36 Table showing amounts of elements

(1) The amounts of the standard allowance, the child element, the LCWRA element and the carer element (which are all fixed amounts) and the maximum amounts of the childcare costs element are given in the following table.

(2) The amount of the housing costs element is dealt with in regulation 26.

(3) In the case of an award where the claimant is a member of a couple, but claims as a single person, the amounts are those shown in the table for a single claimant.

Section 37 Run-on after a death

In calculating the maximum amount of an award where any of the following persons has died—

(a) in the case of a joint award, one member of the couple;

(b) a child or qualifying young person for whom a claimant was responsible; ...

(c) in the case of a claimant who had regular and substantial caring responsibilities for a severely disabled person, that person ; or

(d) a person who was a non-dependant within the meaning of paragraph 9(2) of Schedule 4,

the award is to continue to be calculated as if the person had not died for the assessment period in which the death occurs and the following two assessment periods.

Section 38 Introduction

The question whether a claimant has limited capability for work, or for work and work-related activity, or is a severe conditions criteria claimant, is to be determined for the purposes of the Act and these Regulations in accordance with this Part.

Section 39 Limited capability for work

(1) A claimant has limited capability for work if—

(a) it has been determined that the claimant has limited capability for work on the basis of an assessment under this Part or under Part 4 of the ESA Regulations; or

(b) the claimant is to be treated as having limited capability for work (see paragraph (6)).

(2) An assessment under this Part is an assessment as to the extent to which a claimant who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in Schedule 6 or is incapable by reason of such disease or bodily or mental disablement of performing those activities.

(3) A claimant has limited capability for work on the basis of an assessment under this Part if, by adding the points listed in column (3) of Schedule 6 against each descriptor listed in column (2) of that Schedule that applies in the claimant's case, the claimant obtains a total score of at least—

(a) 15 points whether singly or by a combination of descriptors specified in Part 1 of that Schedule;

(b) 15 points whether singly or by a combination of descriptors specified in Part 2 of that Schedule; or

(c) 15 points by a combination of descriptors specified in Parts 1 and 2 of that Schedule.

(4) In assessing the extent of a claimant's capability to perform any activity listed in Schedule 6, it is a condition that the claimant's incapability to perform the activity arises—

(a) in respect of any descriptor listed in Part 1 of Schedule 6, from a specific bodily disease or disablement;

(b) in respect of any descriptor listed in Part 2 of Schedule 6, from a specific mental illness or disablement; or

(c) in respect of any descriptor or descriptors listed in—

(i) Part 1 of Schedule 6, as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement, or

(ii) Part 2 of Schedule 6, as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.

(5) Where more than one descriptor specified for an activity applies to a claimant, only the descriptor with the highest score in respect of each activity which applies is to be counted.

(6) Subject to paragraph (7), a claimant is to be treated as having limited capability for work if any of the circumstances set out in Schedule 8 applies.

(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.

Section 40 Limited capability for work and work-related activity

(1) A claimant has limited capability for work and work-related activity if—

(a) it has been determined that—

(i) the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part, or

(ii) the claimant has limited capability for work related activity on the basis of an assessment under Part 5 of ESA Regulations; or

(b) the claimant is to be treated as having limited capability for work and work-related activity (see paragraph (5)).

(2) A claimant has limited capability for work and work-related activity on the basis of an assessment under this Part if, by reason of the claimant's physical or mental condition,—

(a) at least one of the descriptors set out in Schedule 7 applies to the claimant;

(b) the claimant's capability for work and work-related activity is limited; and

(c) the limitation is such that it is not reasonable to require that claimant to undertake such activity.

(3) In assessing the extent of a claimant's capability to perform any activity listed in Schedule 7, it is a condition that the claimant's incapability to perform the activity arises—

(a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b)—

(i) from a specific bodily disease or disablement; or

(ii) as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement; or

(b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d)—

(i) from a specific mental illness or disablement; or

(ii) as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.

(4) A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.

(5) Subject to paragraph (6), a claimant is to be treated as having limited capability for work and work-related activity if any of the circumstances set out in Schedule 9 applies.

(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.

Section 40A Severe conditions criteria claimant

(1) A claimant is a “severe conditions criteria claimant” if it has been determined that the claimant is a severe conditions criteria claimant on the basis of an assessment under this Part.

(2) A claimant is a severe conditions criteria claimant on the basis of an assessment under this Part if—

(a) the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part (see regulation 40(2)), and

(b) at least one of the descriptors set out in Schedule 7 constantly applies to the claimant and will do so for the rest of the claimant’s life.

(3) In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 7, it is a condition that the claimant’s incapability to perform the activity arises—

(a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b), from a specific bodily disease or disablement—

(i) that the claimant will have for the rest of their life, and

(ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services, or

(b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d), from a specific mental illness or disablement—

(i) that the claimant will have for the rest of their life, and

(ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services.

(4) A descriptor constantly applies to a claimant if that descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.

(5) In this regulation “ NHS services ” means—

(a) health care services provided for the purposes of the health service continued under—

(i) section 1 (1) of the National Health Service Act 2006 ;

(ii) section 1 (1) of the National Health Service (Wales) Act 2006 ;

(iii) section 1 (1) of the National Health Service (Scotland) Act 1978 ;

(b) health and social care within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009 provided for the purposes of the system promoted under section 2 (1) of that Act .