The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

• Citation: S.I. 2013/630
• Sections: 86

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013.

(2) These Regulations come into force on 29th April 2013.

(3) Subject to paragraphs (4) to (6), each of the amendments made by these Regulations has the same extent and application as the provision amended.

(4) The amendments made by regulations 18, 55, 56, 57, 68 and 69 extend to England and Wales but apply in relation to England only.

(5) The amendment made by regulation 21 extends to England and Wales and Scotland only.

(6) The amendment made by regulation 51 extends to England and Wales only.

Section 2 Amendment of the Maintenance Orders Act 1950

(1) The Maintenance Orders Act 1950 is amended as follows.

(2) In section 4(1)(d) (contributions under the Children and Young Persons Act 1933 and the National Assistance Act 1948), after “income support” insert “or universal credit”.

(3) In section 9(1)(d) (contributions under the Children and Young Persons (Scotland) Act 1937 and the National Assistance Act 1948), after “income support” insert “or universal credit”.

Section 3 Amendment of the Rent Act 1977

In section 72A of the Rent Act 1977 (amounts attributable to services) , after “Benefits Act 1992” insert “or to assist the Secretary of State in the administration of universal credit”.

Section 4 Amendment of the Magistrates’ Courts Act 1980

(1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 89(2A) (transfer of fine order), after “power to deduct fines etc from” insert “universal credit and”.

(3) In section 90(3A) (transfer of fines to Scotland or Northern Ireland), after “power to deduct fines from” insert “universal credit and”.

Section 5 Amendment of the Transport Act 1982

In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) , after “those in receipt of” insert “universal credit,”.

Section 6 Amendment of the Housing Act 1988

In section 41A of the Housing Act 1988 (amounts attributable to services) , after “Benefits Act 1992” insert “or to assist the Secretary of State in the administration of universal credit”.

Section 7 Amendment of the Employment Act 1989

In section 8(4) of the Employment Act 1989 (power to exempt discrimination in favour of lone parents in connection with training) , for paragraph (b) substitute—

(b) “couple” has the meaning given by section 39(1) of the Welfare Reform Act 2012; and

(c) “lone parent” means a person who—

(i) is not a member of a couple, and

(ii) is responsible for, and a member of the same household as, a child.

Section 8 Amendment of the Criminal Justice Act 1991

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from income support) —

(a) in the heading, after “by deductions from” insert “universal credit and”; and

(b) in subsections (1) and (2)(d), before “income support” insert “universal credit,”.

Section 9 Amendment of the Value Added Tax Act 1994

(1) The Value Added Tax Act 1994 is amended as follows.

(2) In paragraph (2) of Note 6 to Group 3 in Part 2 of Schedule 7A (charge at reduced rate; meaning of qualifying person for the purposes of Group 3), after sub-paragraph (h) insert—

(i) universal credit under Part 1 of the Welfare Reform Act 2012.

(3) In Note (1D) to Group 15 in Part 2 of Schedule 8 (zero rating)—

(a) omit “and” at the end of paragraph (e); and

(b) after paragraph (f), insert—

and

(g) universal credit under Part 1 of the Welfare Reform Act 2012.

Section 10 Amendment of the Jobseekers Act 1995

In paragraph 2 of Schedule 1 to the Jobseekers Act 1995 (supplementary provisions: limited capability for work) —

(a) in sub-paragraph (1), insert at the end “or Part 1 of the Welfare Reform Act 2012 (universal credit) as the Secretary of State considers appropriate in the person’s case”, and

(b) after sub-paragraph (2), insert—

(3) References in Part 1 of the Welfare Reform Act 2012 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Act, as references to the purposes of this Act.

Section 11 Amendment of the Employment Tribunals Act 1996

(1) The Employment Tribunals Act 1996 is amended as follows.

(2) In section 16 (power to provide for recoupment of benefits) in the following provisions, before “jobseeker’s allowance” insert “universal credit,”—

(a) subsection (3)(a), (b) and (c); and

(b) subsection (5)(e).

(3) In section 16(5)(cc), before “a jobseeker’s allowance” insert “universal credit,”.

(4) In section 17 (recoupment: further provisions), in the introductory words in subsection (1) and in paragraph (b) of that subsection, before “jobseeker’s allowance” insert “universal credit,”.

Section 12 Amendment of the Housing Act 1996

(1) The Housing Act 1996 is amended as follows.

(2) In the heading to Part IV (Housing Benefit and Related Matters), before “Housing Benefit” insert “Universal Credit,”.

(3) In section 160ZA(3) (allocation only to eligible and qualifying persons: England), after “from entitlement to” insert “universal credit or”.

(4) In section 160A(4) (allocation only to eligible persons), before “housing benefit” insert “universal credit or”.

(5) In section 185(2A) (persons from abroad not eligible for housing assistance), before “housing benefit” insert “universal credit or”.

(6) In section 231(2) (extent), before “housing benefit” insert “universal credit,”.

Section 13 Amendment of the Housing Grants, Construction and Regeneration Act 1996

(1) Section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants) is amended as follows.

(2) In subsection (4), after “subsection (3)” insert “made by the Welsh Ministers”.

(3) After subsection (4) insert—

(4A) Regulations under subsection (3) made by the Secretary of State may proceed wholly or in part by reference to the provisions relating to entitlement to—

(a) housing benefit;

(b) universal credit; or

(c) any other form of assistance,

as they have effect from time to time.

Section 14 Amendment of the Data Protection Act 1998

(1) The Data Protection Act 1998 is amended as follows.

(2) In paragraph 2(e) of the Table in section 56(6) (prohibition of requirement as to production of certain records), for “or Part 1 of the Welfare Reform Act 2007” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 of the Welfare Reform Act 2012”.

(3) In section 75(5A) (extent), after “Welfare Reform Act 2007” insert “and Part 1 of the Welfare Reform Act 2012”.

Section 15 Amendment of the Welfare Reform and Pensions Act 1999

In section 72(3) of the Welfare Reform and Pensions Act 1999 (supply of information for certain purposes) —

(a) at the end of paragraph (c), delete “or”; and

(b) after paragraph (d) insert—

, or

(e) Part 1 of the Welfare Reform Act 2012.

Section 16 Amendment of the Income Tax (Earnings and Pensions) Act 2003

(1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

(2) At the end of section 318D(2) (childcare) , insert “or section 12 of the Welfare Reform Act 2012 relating to amounts in respect of childcare costs that may be included in the calculation of an award of universal credit”.

(3) In section 660(1) (taxable benefits: UK benefits – Table A) in column 1 of Table A, for “Contributory employment and support allowance” substitute “Employment and support allowance”.

(4) In section 675(1) (interpretation) , for the definitions of “contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance” substitute—

“contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 2 of JSA 1995;

“income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant’s satisfying conditions which include those set out in section 3 of JSA 1995 or a joint-claim jobseeker’s allowance (which means a jobseeker’s allowance entitlement to which arises by virtue of section 1(2B) of JSA 1995);

Section 17 Amendment of the Courts Act 2003

(1) The Courts Act 2003 is amended as follows.

(2) In Part 3 of Schedule 5 (collection of fines and other sums imposed on conviction: attachment of earnings orders and applications for benefit deductions), in paragraph 10(a) (meaning of relevant benefit) before “income support” insert “universal credit and”.

(3) In paragraph 2(1)(a)(v) of Schedule 6 (discharge of fines by unpaid work), before “income support” insert “universal credit and”.

Section 18 Amendment of the Housing Act 2004

(1) The Housing Act 2004 is amended as follows.

(2) In section 73 (other consequences of operating unlicensed HMOs : rent repayment orders)—

(a) in subsection (5), before “housing benefit” insert “relevant award or awards of universal credit or the”;

(b) in subsection (6), for paragraph (b) substitute—

(b) that—

(i) one or more relevant awards of universal credit have been paid (to any person); or

(ii) housing benefit has been paid (to any person) in respect of periodical payments payable in connection with the occupation of a part or parts of the HMO,

during any period during which it appears to the tribunal that such an offence was being committed,

(c) after subsection (6), insert—

(6A) In subsection (6)(b)(i), “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, in respect of periodical payments payable in connection with the occupation of a part or parts of the HMO.

(d) in subsection (8)(a), for the words from “housing benefit” to the end substitute—

(i) one or more relevant awards of universal credit, or

(ii) housing benefit paid in connection with occupation of a part or parts of the HMO,

(e) in subsection (10)—

(i) in the definition of “the appropriate person”, before “housing benefit” insert “universal credit or”;

(ii) for the definition of “periodical payments” substitute—

“periodical payments” means—

payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) ( S.I. 2013/376 ) or any corresponding provision replacing that paragraph; and

periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;

(f) in subsection (11)(b), before “housing benefit” insert “universal credit or”.

(3) In section 74 (further provision about rent repayment orders)—

(a) in subsection (2)—

(i) for paragraph (b) substitute—

(b) that—

(i) one or more relevant awards of universal credit (as defined in section 73(6A)) were paid (whether or not to the appropriate person), or

(ii) housing benefit was paid (whether or not to the appropriate person) in respect of periodical payments payable in connection with occupation of a part or parts of the HMO,

during any period during which it appears to the tribunal that such an offence was being committed in relation to the HMO in question,

(ii) in the closing words, for “an amount equal to the total amount of housing benefit paid as mentioned in paragraph (b)” substitute “the amount mentioned in subsection (2A)”;

(b) after subsection (2) insert—

(2A) The amount referred to in subsection (2) is—

(a) an amount equal to—

(i) where one relevant award of universal credit was paid as mentioned in subsection (2)(b)(i), the amount included in the calculation of that award under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, or the amount of the award if less; or

(ii) if more than one such award was paid as mentioned in subsection (2)(b)(i), the sum of the amounts included in the calculation of those awards as referred to in sub-paragraph (i), or the sum of the amounts of those awards if less, or

(b) an amount equal to the total amount of housing benefit paid as mentioned in subsection (2)(b)(ii), (as the case may be)

(c) in subsection (3), for “total amount of housing benefit paid as mentioned in that paragraph” substitute “amount mentioned in subsection (2A)”;

(d) in subsection (6)(b)(i), after “payments of” insert “relevant awards of universal credit or”;

(e) in subsection (7)—

(i) in paragraph (a), before “housing benefit” insert “relevant awards of universal credit, ”; and

(ii) in paragraph (b), for the words from “any amount” to the end substitute—

(i) where one or more relevant awards of universal credit were payable during the period in question, the amount mentioned in subsection (2A)(a) in respect of the award or awards that related to the occupation of the part of the HMO occupied by him during that period; or

(ii) any amount of housing benefit payable in respect of the occupation of the part of the HMO occupied by him during the period in question

(f) in subsections (9)(a) and (15)(a), before “housing benefit” insert “universal credit or”.

(4) In section 96 (other consequences of operating unlicensed houses : rent repayment orders)—

(a) in subsection (5), before “housing benefit” insert “relevant award or awards of universal credit or the”;

(b) in subsection (6), for paragraph (b) substitute—

(b) that—

(i) one or more relevant awards of universal credit have been paid (to any person); or

(ii) housing benefit has been paid (to any person) in respect of periodical payments payable in connection with the occupation of the whole or any part or parts of the house,

during any period during which it appears to the tribunal that such an offence was being committed,

(c) after subsection (6), insert—

(6A) In subsection (6)(b)(i), “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, in respect of periodical payments payable in connection with the occupation of the whole or any part or parts of the house.

(d) in subsection (8)(a), for the words from “housing benefit” to the end substitute—

(i) one or more relevant awards of universal credit, or

(ii) housing benefit paid in connection with occupation of the whole or any part or parts of the house

(e) in subsection (10)—

(i) in the definition of “the appropriate person”, before “housing benefit” insert “universal credit or”;

(ii) for the definition of “periodical payments” substitute—

“periodical payments” means—

payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) ( S.I. 2013/376 ) or any corresponding provision replacing that paragraph; and

periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;

(f) in subsection (11)(b), before “housing benefit” insert “universal credit or”.

(5) In section 97 (further provision about rent repayment orders)—

(a) in subsection (2)—

(i) for paragraph (b) substitute—

(b) that—

(i) one or more relevant awards of universal credit (as defined in section 96(6A)) were paid (whether or not to the appropriate person), or

(ii) housing benefit was paid (whether or not to the appropriate person) in respect of periodical payments payable in connection with occupation of the whole or any part or parts of the house,

during any period during which it appears to the tribunal that such an offence was being committed in relation to the house,

(ii) in the closing words, for “an amount equal to the total amount of housing benefit paid as mentioned in paragraph (b)” substitute “the amount mentioned in subsection (2A)”;

(b) after subsection (2) insert—

(2A) The amount referred to in subsection (2) is—

(a) an amount equal to—

(i) where one relevant award of universal credit was paid as mentioned in subsection (2)(b)(i), the amount included in the calculation of that award under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, or the amount of the award if less; or

(ii) if more than one such award was paid as mentioned in subsection (2)(b)(i), the sum of the amounts included in the calculation of those awards as referred to in sub-paragraph (i), or the sum of the amounts of those awards if less, or

(b) an amount equal to the total amount of housing benefit paid as mentioned in subsection (2)(b)(ii), (as the case may be)

(c) in subsection (3), for “total amount of housing benefit paid as mentioned in that paragraph” substitute “amount mentioned in subsection (2A);

(d) in subsection (6)(b)(i), after “payments of” insert “relevant awards of universal credit or”;

(e) in subsection (7)—

(i) in paragraph (a), before “housing benefit” insert “relevant awards of universal credit, ”; and

(ii) in paragraph (b), for the words from “any amount” to the end substitute—

(i) where one or more relevant awards of relevant universal credit were payable during the period in question, the amount mentioned in subsection (2A)(a) in respect of the award or awards that related to the occupation of the part of the HMO occupied by him during that period; or

(ii) any amount of housing benefit payable in respect of the occupation of the part of the HMO occupied by him during the period in question

(f) in subsections (9)(a) and (15)(a), before “housing benefit” insert “universal credit or”.

Section 19 Amendment of the Childcare Act 2006

(1) The Childcare Act 2006 is amended as follows.

(2) After section 6(2)(a)(i) (duty to secure sufficient childcare for working parents), insert—

(ia) the provision of childcare in respect of which an amount in respect of childcare costs may be included under section 12 of the Welfare Reform Act 2012 in the calculation of an award of universal credit, and

(3) In section 83 (supply of information to HMRC and local authorities)—

(a) in the heading, after “Supply of information to” insert “the Secretary of State,”,

(b) in subsections (1) and (2), after “prescribed information to” insert “the Secretary of State,”, and

(c) in subsection (3), after paragraph (a) insert—

(aa) in the case of information to be provided to the Secretary of State, information which the Secretary of State may require for the purposes of the Secretary of State’s functions in relation to universal credit;

Section 20 Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974

(1) The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 are amended as follows.

(2) In regulation 1(2) (interpretation) —

(a) omit the definition of “contributory employment and support allowance”; and

(b) after the definition of “the determining authority”, insert—

“employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

(3) In the title of regulation 3 (modifications in relation to widows, of provisions with respect to unemployment and short-term incapacity benefit, contributory employment and support allowance, maternity allowance and Category A retirement pension) and in paragraphs (1)(a) and (b) and (5)(a) and (b) of that regulation, omit “contributory” in all places where it occurs.

Section 21 Amendment of the Social Security (Benefit) (Members of the Forces) Regulations 1975

(1) The Social Security (Benefit) (Members of the Forces) Regulations 1975 are amended as follows.

(2) In regulation 3 (unemployment benefit) —

(a) in paragraph (1)—

(i) after “for the purposes of” insert “section 6J,”; and

(ii) after “(circumstances in which a jobseeker’s allowance is not payable)” insert “or section 26 of the Welfare Reform Act 2012 (higher-level sanctions)”; and

(b) in paragraph (3), after “a jobseeker’s allowance” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.

(3) In regulation 5 (application of the Act, the Northern Ireland Act and regulations) , after “or of the Jobseekers Act 1995 and regulations made under it,” insert “or Part 1 of the Welfare Reform Act 2012 and regulations made under it,”.

Section 22 Amendment of the Social Security (Mariners’ Benefits) Regulations 1975

(1) The Social Security (Mariners’ Benefits) Regulations 1975 are amended as follows.

(2) In regulation 1(2) (interpretation) —

(a) after the definition of “British ship” insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

(b) for the definition of “contributory employment and support allowance” substitute—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(c) after the definition of “mariner”, insert—

“new style JSA” means a jobseeker’s allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance;

(3) In regulation 2 (days in periods of paid leave not to be treated as days of unemployment) , after “that period of leave” insert “and, in relation to new style JSA, shall not be regarded as entitled to a jobseeker’s allowance for any day in that period”.

(4) In regulation 6 (special provisions relating to days of unemployment etc.) , after paragraph (1), insert—

(1A) In relation to new style JSA, a mariner or share fisherman employed as such on board any ship or vessel shall be treated as complying with the work-related requirements referred to in section 6(2) of the Jobseekers Act 1995 during any period when he is absent from Great Britain if he would comply with those requirements but for the fact that he is absent from Great Britain.

Section 23 Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

(1) The Social Security Benefit (Persons Abroad) Regulations 1975 are amended as follows.

(2) In regulation 1(2) (interpretation), after the definition of “the Industrial Injuries Employment Regulations” insert—

“jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

(3) In regulation 11(1A) (Modification of the Act in relation to employment on the Continental Shelf omit “contribution-based” in both places where it occurs.

Section 24 Amendment of the Social Security (Medical Evidence) Regulations 1976

In regulation 1 of the Social Security (Medical Evidence) Regulations 1976 (interpretation) —

(a) in paragraph (2)—

(i) for the definition of “limited capability for work” substitute—

“limited capability for work” has the meaning—

for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act 2007; and

for the purposes of universal credit, given in section 37 of the Welfare Reform Act 2012;

(ii) for the definition of “limited capability for work assessment” substitute—

“limited capability for work assessment” means the assessment of whether a person has limited capability for work—

for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations;

for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations 2013;

for the purposes of universal credit, under Part 5 of the Universal Credit Regulations 2013;

(b) after paragraph (4), insert—

(5) For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—

(a) “old style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance; and

(b) “new style ESA” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance.

Section 25 Amendment of the Social Security (Overlapping Benefits) Regulations 1979

In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979 (interpretation) —

(a) after the definition of “child benefit” insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;

(b) after the definition of “contributory benefit” insert—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(c) after the definition of “disablement pension” insert—

“income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Act;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

(d) in the definition of “personal benefit”, after the words “dependency benefit” insert “ or universal credit under Part 1 of the 2012 Act”.

Section 26 Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

Regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (days to be treated as days of increment) —

(a) in paragraph (1)(e), omit “or” after paragraph (iii) and after paragraph (iv) insert—

or

(v) universal credit under Part 1 of the Welfare Reform Act 2012;

(b) in paragraph (2)(b)(ii), omit “contribution-based”; and

(c) for paragraph (5), substitute—

(5) In this regulation—

(a) in paragraph (1), “couple” has the meaning—

(i) apart from in relation to universal credit, given by section 137(1) of the Social Security Contributions and Benefits Act 1992 (interpretation of Part VII and supplementary provisions);

(ii) in relation to universal credit, given by section 39 of the Welfare Reform Act 2012 (couples);

(b) in paragraph (2), “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions; and

(c) “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.

Section 27 Amendment of the Social Security (General Benefit) Regulations 1982

In regulation 9 of the Social Security (General Benefit) Regulations 1982 (payments of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments) —

(a) in paragraph (5A), in sub-paragraphs (a), (b) and (c), omit “contribution-based” in each place where it occurs;

(b) in paragraph (5B), in sub-paragraphs (a) and (c), omit “contribution-based” in each place where it occurs;

(c) in paragraphs (5C) and (5D), omit “contribution-based” in each place where it occurs; and

(d) after paragraph (5D), insert—

(5E) In this regulation, “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions.

Section 28 Amendment of the Income Support (General) Regulations 1987

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

(2) In regulation 2(1) (interpretation) —

(a) after the definition of “the Contributions and Benefits Act” insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

(b) for the definition of “contributory employment and support allowance” substitute—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(c) after the definition of “training allowance”, insert—

“universal credit” means universal credit under Part 1 of the 2012 Act;

(3) In regulation 14(2) (persons of a prescribed description) —

(a) after sub-paragraph (c), omit “or”; and

(b) after sub-paragraph (d), insert—

; or

(e) entitled to universal credit

(4) In regulation 31(2) (date on which income is treated as paid)—

(a) for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and

(b) for “on the day of the benefit week” substitute “on any day”.

(5) In regulation 40(6)(c) (calculation of income other than earnings) , after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act as the case may be”.

(6) In regulation 75 (modifications in the calculation of income) , in paragraph (b), for “or employment and support allowance” substitute “, employment and support allowance or universal credit”.

(7) In Schedule 3 (housing costs) —

(a) in paragraph 1, after sub-paragraph (3)(d) insert—

; or

(e) who is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations

(b) in paragraph 18—

(i) after sub-paragraph (7)(i) insert—

(j) if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income

(ii) after sub-paragraph (8) insert—

(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 .

(8) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), paragraph 7 —

(a) omit “or” after sub-paragraph (c); and

(b) after sub-paragraph (d), insert—

; or

(e) universal credit

(9) In Schedule 10 (capital to be disregarded) , in paragraph 7—

(a) in sub-paragraph (1), after paragraph (d), insert—

;

(e) universal credit

(b) in sub-paragraph (3)—

(i) for “or of an income-based jobseeker’s allowance”, in both places where it occurs, substitute “, an income-based jobseeker’s allowance or universal credit”;

(ii) in paragraph (a), for “either of” substitute “of any of”;

(iii) in paragraph (b), for “either” substitute “any”; and

(iv) after paragraph (b)(iii), insert—

, or

(iv) in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum

Section 29 Amendment of the Social Security (Claims and Payments) Regulations 1987

(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation) , after the definition of “State Pension Credit Regulations” insert—

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;

(3) In regulation 16A(2) (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate) —

(a) in sub-paragraph (a), after “income support,” insert “universal credit,”; and

(b) in sub-paragraph (b), after income-based jobseeker’s allowance” insert “or universal credit”.

Section 30 Amendment of the Jobseeker’s Allowance Regulations 1996

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

(2) In regulation 1(citation, commencement and interpretation) —

(a) for the heading substitute “Citation, commencement, interpretation and application”;

(b) after paragraph (2) insert—

(2A) These Regulations do not apply to a particular case on any day on which section 33(1)(a) of the 2012 Act (abolition of income-based jobseeker’s allowance) is in force and applies in relation to that case.

(c) in paragraph (3)—

(i) after the definition of “the Contributions Regulations” insert—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(ii) after the definition of “training allowance” insert—

“universal credit” means universal credit under Part 1 of the 2012 Act;

(3) In regulation 76(2) (persons of a prescribed description) , after sub-paragraph (e) insert—

; or

(f) entitled to universal credit

(4) In regulation 96(2) (date on which income is treated as paid) —

(a) for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and

(b) for “on the day of the benefit week” substitute “on any day”.

(5) In regulation 103(5B) (calculation of income other than earnings) , after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act as the case may be”.

(6) In regulation 153(b) (modification in the calculation of income) , after “the Benefits Act” insert “, universal credit”.

(7) In Schedule 2 (housing costs) —

(a) in paragraph 1(3), after paragraph (e) insert—

; or

(f) who is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations

(b) in paragraph 17—

(i) after sub-paragraph (7)(i) insert—

; or

(j) if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income

(ii) after sub-paragraph (8) insert—

(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(8) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) , omit “or” after paragraph 8(c) and after paragraph 8(d) insert—

; or

(e) universal credit

(9) In Schedule 8, in paragraph 12(1)(b)(capital to be disregarded) , after “working tax credit” insert “, universal credit”.

Section 31 Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000

(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 are amended as follows.

(2) In regulation 1(3) (interpretation) , after the definition of “income-related employment and support allowance” insert—

; “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

(3) In regulation 2 (persons not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999) —

(a) after paragraph (1) insert—

(1A) For the purposes of entitlement to universal credit, a person falling within a category or description of persons specified in paragraphs 2, 3 and 4 of Part I of the Schedule is a person to whom section 115 of the Act does not apply.

(b) in paragraph (5)—

(i) after “entitlement to” insert “universal credit,”; and

(ii) for “a jobseeker’s allowance” substitute “an income-based jobseeker’s allowance under the Jobseekers Act 1995”; and

(iii) before “employment and support allowance” insert “income-related”.

(4) In the heading to Part I of the Schedule (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999) , after “entitlement to” insert “universal credit,”.

Section 32 Amendment of the Occupational and Personal Pension Schemes (Bankruptcy) (No.2) Regulations 2002

(1) The Occupational and Personal Pension Schemes (Bankruptcy) (No.2) Regulations 2002 are amended as follows.

(2) In regulation 5(3)(b) (exclusion orders: England and Wales), after “an income-related benefit” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.

(3) In regulation 14(3)(b) (exclusion orders: Scotland), after “an income-related benefit” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.

Section 33 Amendment of the State Pension Credit Regulations 2002

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

(2) In regulation 1(2) (interpretation) —

(a) after the definition of “close relative”, insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

(b) after the definition of “the Health Service (Wales) Act”, insert—

“income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Act 1995;

(c) after the definition of “the Skipton Fund”, insert—

“universal credit” means universal credit under Part 1 of the 2012 Act;

(d) for the definition of “contributory employment and support allowance” substitute—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(3) In regulation 9 (qualifying income for the purposes of savings credits), in paragraph (c), omit “within the meaning of section 1(4) of the Jobseekers Act 1995”.

(4) In regulation 13A(1)(a) (part-weeks) before “income support” insert “universal credit,”.

(5) In regulation 13B(1)(d) (date on which benefits are treated as paid) , omit “within the meaning of section 1(4) of the Jobseekers Act 1995”.

(6) In Schedule 2 (housing costs) —

(a) in paragraph 1(2)(a)(iii), after paragraph (ee) insert —

; or

(ff) is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations

(b) in paragraph 14 (persons residing with the claimant) —

(i) after sub-paragraph (7)(g), insert—

; or

(h) if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income

(ii) after sub-paragraph (8), insert—

(9) For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(7) In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income) —

(a) in paragraph 20(2), after paragraph (o) insert —

;

(p) universal credit

(b) in paragraph 20A(2), after paragraph (h) omit “or” and after paragraph (i) insert —

or (j) paragraph 17 of Schedule 10 to the Universal Credit Regulations 2013;

Section 34 Amendment of the Social Security (Deferral of Retirement Pensions) Regulations 2005

In regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations 2005 (amount of retirement pension not included in the calculation of the lump sum) —

(a) in paragraph (1)(aa), at the end of paragraph (iii) omit “or” and after paragraph (iv) insert—

or

(v) universal credit under Part 1 of the Welfare Reform Act 2012;

(b) for paragraph (5A) substitute—

(5A) In paragraph (1), couple has the meaning—

(a) in relation to universal credit, given by section 39 of the Welfare Reform Act 2012; and

(b) in relation to the other benefits referred to in paragraph (1)(a) or (aa), given by section 137(1) of the Act.

Section 35 Amendment of the Housing Benefit Regulations 2006

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

(2) In regulation 2(1) (interpretation) —

(a) for the definition of “contributory employment and support allowance”, substitute—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(b) after the definition of “training allowance”, insert—

“universal credit” means universal credit under Part 1 of the 2012 Act;

(3) In regulation 19 (persons of a prescribed description) , omit “or” after paragraph (2)(a) and after paragraph (2)(c) insert—

; or

(d) entitled to an award of universal credit

(4) In regulation 28(11) (treatment of child care charges) , in sub-paragraphs (ba) and (ca), after “Employment and Support Allowance Regulations” insert “or the Employment and Support Allowance Regulations 2013 ”.

(5) In regulation 40(5A) (calculation of income other than earnings) , after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act ”.

(6) In regulation 56(2)(ea) (full-time students to be treated as not liable to make payments) , after “Employment and Support Allowance Regulations” insert “or the Employment and Support Allowance Regulations 2013”.

(7) In regulation 74 (non-dependant deductions)—

(a) for paragraph (8), substitute—

(8) No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is—

(a) on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component); or

(b) entitled to an award of universal credit where the award is calculated on the basis that the non-dependant does not have any earned income.

(b) after paragraph (10) insert—

(11) For the purposes of paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(8) In regulation 102(4) (method of recovery) , after “Employment and Support Allowance Regulations” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations 2013”.

(9) In Schedule 3 (applicable amounts)—

(a) in Part 5 (the components), in paragraph 21(c)(ii), after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations 2013”; and

(b) in Part 7 (transitional addition)—

(i) in paragraph 27(1)(b)(i), after “Employment and Support Allowance Regulations” insert “or regulation 26 of the Employment and Support Allowance Regulations 2013, in either case”; and

(ii) in paragraph 29(1)(c), after “Employment and Support Allowance Regulations” insert “or regulation 86 of the Employment and Support Allowance Regulations 2013”.

(10) In Schedule 4 (sums to be disregarded in the calculation of earnings) , paragraph 10A(6)(a), after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013”.

(11) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings) , in paragraph 7, after sub-paragraph (d) insert—

(e) universal credit

(12) In Schedule 6 (capital to be disregarded), in paragraph 9(1), after paragraph (f) insert—

(g) universal credit,

Section 36 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

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

(2) In regulation 2 (interpretation) —

(a) for the definition of “contributory employment and support allowance”, substitute—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(b) after the definition of “training allowance”, insert—

“universal credit” means universal credit under Part I of the 2012 Act;

(3) In regulation 19 (persons of a prescribed description) , omit “or” after paragraph (2)(a) and after paragraph (2)(c), insert—

; or

(d) entitled to an award of universal credit

(4) In regulation 31(11) (treatment of child care charges) , in sub-paragraphs (ba) and (ca), after “Employment and Support Allowance Regulations” insert “or the Employment and Support Allowance Regulations 2013”.

(5) In regulation 55 (non-dependant deductions) —

(a) in paragraph (8), after “work-related activity component)” insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and

(b) after paragraph (10) insert—

(11) For the purposes of paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(6) In regulation 83(4) (method of recovery) , after “Employment and Support Allowance Regulations” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations 2013”.

(7) In Schedule 4 (sums disregarded from claimant’s earnings) —

(a) in paragraph 5(1)(d)(ii), after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations 2013”; and

(b) in paragraph 5A(6)(a), after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013”.

(8) In Schedule 6 (capital to be disregarded) , in paragraph 21(2), omit “or” after sub-paragraph (m) and after sub-paragraph (n) insert—

; or

(o) universal credit

Section 37 Amendment of the Employment and Support Allowance Regulations 2008

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

(2) In regulation 1—

(a) for the heading substitute “Citation, commencement and application”; and

(b) at the beginning, insert “(1)” and after paragraph (1) insert—

(2) These Regulations do not apply to a particular case on any day on which section 33(1)(b) of the 2012 Act (abolition of income-related employment and support allowance) is in force and applies in relation to that case.

(3) In regulation 2(1) (interpretation) —

(a) after the definition of “confinement” insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the 2012 Act that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;

(b) after the definition of “New Deal Options”, insert—

“new style ESA” means an allowance under Part 1 of the Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance;

(c) after the definition of “training allowance” insert—

“universal credit” means universal credit under Part 1 of the 2012 Act;

(4) In regulation 63(5) (reduction of employment and support allowance) —

(a) after “contributory allowance” insert “including new style ESA”; and

(b) after “this regulation”, insert “or section 11J of the Act respectively”.

(5) In regulation 93(2) (date on which income is treated as paid)—

(a) for “or severe disablement allowance” substitute “severe disablement allowance or universal credit”; and

(b) for “the day of the benefit week” substitute “on any day”.

(6) In regulation 167(b) (modification in the calculation of income), after “income support” insert “, universal credit”.

(7) In Schedule 6 (housing costs)—

(a) in paragraph 1(3) (housing costs - meaning of disabled person) , omit “or” after paragraph (c) and, after paragraph (d), insert—

; or

(e) who is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that that person has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations;

(b) in paragraph 19 (non-dependant deductions) —

(i) omit “or” after sub-paragraph (7)(g) and, after sub-paragraph (7)(h), insert—

or

(ha) if the non-dependant is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that the non-dependant does not have any earned income;

(ii) after sub-paragraph (7) insert—

(7A) For the purposes of sub-paragraph (7)(ha), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(8) In Schedule 8, paragraph 9(b) (sums to be disregarded in the calculation of income other than earnings) , after “income support” insert “, universal credit”.

(9) In Schedule 9 paragraph 11 (capital to be disregarded)—

(a) in sub-paragraph (1)(b), after “income-based jobseeker’s allowance” insert “, universal credit”;

(b) in sub-paragraph (3)(a) and (b), after “income support” insert “, universal credit”; and

(c) in sub-paragraph (3), omit “or” after paragraph (b)(ii) and, after paragraph (b)(iii), insert—

; or

(iv) in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum

Section 38 Amendment of the Universal Credit Regulations 2013

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

(2) In regulation 3 (couples)—

(a) in paragraph (1) after “whose partner does not meet all the basic conditions” insert “or is otherwise excluded from entitlement to universal credit”; and

(b) in paragraph (3) at the end of sub-paragraph (c) omit “or” and at the end of sub-paragraph (d) insert—

; or

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

(3) In regulation 13(1) (meaning of “undertaking a course”) after “education” insert “, study”.

(4) In regulation 19(2)(a) (restrictions on entitlement-prisoners etc.) after “universal credit” insert “as a single person”.

(5) In regulation 68(1) (person treated as having a student loan), in the first line, after “course” insert “of education, study or training”.

(6) In regulation 83(1)(h) (exceptions from the benefit cap) for “sub-paragraph (b), (c), (d) or (e)” substitute “sub-paragraphs (b) to (g)”.

(7) In regulation 111(4) (daily reduction rate) for “paragraphs (1) to (3)” substitute “paragraphs (1) and (2)”.

(8) For regulation 114 (sanctionable failures under section 26 – work placement) substitute—

Sanctionable failures under section 26 – work placements

(114)

(1) A placement on the Mandatory Work Activity Scheme is a prescribed placement for the purpose of section 26(2)(a) of the Act (sanctionable failure not to comply with a work placement).

(2) In paragraph (1) “the Mandatory Work Activity Scheme” means a scheme provided pursuant to arrangements made by the Secretary of State and known by that name that is designed to provide work or work-related activity for up to 30 hours per week over a period of 4 consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment.

(9) For regulation 117 substitute—

The period of hardship payments

(117)

(1) A hardship payment is to be made in respect of a period which—

(a) begins with the date on which all the conditions in regulation 116(1) are met; and

(b) unless paragraph (2) applies, ends with the day before the normal payment date for the assessment period in which those conditions are met.

(2) If the period calculated in accordance with paragraph (1) would be 7 days or less, it does not end on the date referred to in paragraph (1)(b) but instead ends on the normal payment date for the following assessment period or, if earlier, the last day on which the award is to be reduced under section 26 or 27 of the Act or under section 6B(5A), 7(2A) or 9(2A) of the Social Security Fraud Act 2001.

(3) In this regulation “the normal payment date” for an assessment period is the date on which the Secretary of State would normally expect to make a regular payment of universal credit in respect of an assessment period in a case where payments of universal credit are made monthly in arrears.

(10) In paragraph 2(1)(a) of Schedule 8 for “an in-patient” substitute “a patient”.

Section 39 Amendment of the Jobseeker’s Allowance Regulations 2013

For paragraphs (1) and (2) of regulation 29 of the Jobseeker’s Allowance Regulations 2013 (sanctionable failures under section 6J of the Act: work placements) substitute

(29)

(1) A placement on the Mandatory Work Activity Scheme is a prescribed placement for the purpose of section 6J(2)(a) of the Act (sanctionable failure not to comply with a work placement).

(2) In paragraph (1) “the Mandatory Work Activity Scheme” means a scheme provided pursuant to arrangements made by the Secretary of State and known by that name that is designed to provide work or work-related activity for up to 30 hours per week over a period of 4 consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment.

Section 40 Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 1992

(1) The Child Support (Maintenance Assessment Procedure) Regulations 1992 are amended as follows.

(2) In regulation 1(2) (interpretation), after the definition of “relevant person”, insert—

;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

(3) In regulation 23 (date from which a decision is superseded) —

(a) at the beginning of paragraphs (3), (5), (10), (12), (13) and (20), insert “Subject to paragraph (25),”;

(b) at the beginning of paragraph (1), after “paragraph (2)” insert “or (25)”;

(c) in paragraph (4), for “paragraph (19)” substitute “paragraphs (19) and (25)”; and

(d) after paragraph (24) insert—

(25) Where a superseding decision is made under regulation 20(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

(a) has been awarded universal credit on the basis that they have no earned income;

(b) was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or

(c) was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,

the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.

(26) For the purposes of paragraph (25), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 .

Section 41 Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “clinical commissioning group” insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;

(b) after the definition of “training allowance”, insert—

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;

(3) After regulation 10B (Assessable income : state pension credit paid to or in respect of a parent with care or an absent parent) insert—

Assessable income : universal credit paid to or in respect of the parent concerned

(10C)

(1) The circumstances prescribed for the purpose of the reference to universal credit in sub-paragraph (4) of paragraph 5 of Schedule 1 to the Child Support Act 1991 (as that paragraph has effect apart from section 1 of the Child Support, Pensions and Social Security Act 2000) are where the universal credit that is paid to or in respect of the parent concerned is calculated on the basis that the parent has no earned income.

(2) In paragraph (1), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(4) In Schedule 2, after paragraph 7 (amounts to be disregarded when calculating or estimating N and M) insert—

(7A) Any payment of universal credit.

Section 42 Amendment of the Child Support Departure Direction and Consequential Amendments Regulations 1996

(1) The Child Support Departure Direction and Consequential Amendments Regulations 1996 are amended as follows.

(2) In regulation 1 (interpretation) —

(a) in paragraph (2), after the definition of “relevant person” insert—

;

“relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

(b) after paragraph (2) insert—

(2A) For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(3) In regulation 9 (departure directions and persons in receipt of income support etc.) —

(a) in the heading to the regulation, after “jobseeker’s allowance,” insert “universal credit”;

(b) in paragraph (1)—

(i) in sub-paragraphs (a) and (c), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii) in sub-paragraph (b), for “or working tax credit” substitute “, working tax credit or relevant universal credit”;

(c) in sub-paragraphs (a) and (b) of paragraph (2), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(d) in paragraph (3)—

(i) in sub-paragraphs (a) and (c), for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii) in sub-paragraph (b), for “or working tax credit” substitute “, working tax credit or relevant universal credit”.

(4) In regulation 12 (meaning of “benefit” for the purposes of section 28E of the Child Support Act 1991) , for “and council tax benefit” substitute “council tax benefit and relevant universal credit”.

Section 43 Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

(1) The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 are amended as follows.

(2) In regulation 1(2) (interpretation) —

(a) after the definition of “child tax credit”, insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act as that Act has effect apart from those provisions;

(b) after the definition of “Contributions and Benefits (Northern Ireland) Act”, insert—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

(3) In regulation 4 (flat rate) —

(a) in paragraph (2), omit “and” after sub-paragraph (c) and, after sub-paragraph (d) insert—

; and

(e) universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income

(b) after paragraph (3), insert—

(4) For the purposes of paragraph (2)(e) and regulation 5(d), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013 (earned income).

(4) In regulation 5(d) (nil rate) omit “or” after sub-paragraph (i) and after sub-paragraph (ii) insert—

;

(iii) in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income

Section 44 Amendment of the Child Support Maintenance Calculation Regulations 2012

(1) The Child Support Maintenance Calculation Regulations 2012 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “the 1991 Act” insert—

“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions;

(b) for the definition of “contributory employment and support allowance” substitute—

“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

(3) In regulation 44 (flat rate)—

(a) in paragraph (2), omit “and” after sub-paragraph (c) and, after sub-paragraph (d), insert—

and

(e) universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income

(b) after paragraph (4), insert—

(5) For the purposes of paragraph (2)(e) and regulation 45(1)(c), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(4) In regulation 45(1)(c) (nil rate), omit “or” after paragraph (i) and, after paragraph (ii), insert—

;

(iii) in receipt of universal credit under Part 1 of the Welfare Reform Act 2012, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income

Section 45 Amendment of the Adoption Support Services Regulations 2005

(1) The Adoption Support Services Regulations 2005 are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition of “tax credit” insert—

;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

(3) In regulation 11(c) (cessation of financial support), after “qualifies for” insert “universal credit,”.

Section 46 Amendment of the Special Guardianship Regulations 2005

(1) The Special Guardianship Regulations 2005 are amended as follows.

(2) In regulation 2(1) (Interpretation), after the definition of “relevant child” insert—

;

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012

(3) In regulation 9(c) (Cessation of financial support) , after “qualifies for” insert “universal credit,”.

Section 47 Amendment of the Childcare (Supply and Disclosure of Information) (England) Regulations 2007

Regulation 4 of the Childcare (Supply and Disclosure of Information) (England) Regulations 2007(supply of information to Her Majesty’s Revenue and Customs) is amended as follows—

(a) in the heading, after “Supply of information to” insert “the Secretary of State and”; and

(b) in paragraphs (1) and (2), after “provided to” insert “the Secretary of State and”.

Section 48 Amendment of the Childcare Providers (Information, Advice and Training) Regulations 2007

Regulation 4 of the Childcare Providers (Information, Advice and Training) Regulations 2007 (information, advice and training) are amended as follows—

(a) in paragraph (2)(d), after “tax credit” insert “, or the childcare costs element of universal credit,”; and

(b) in paragraph (3), after sub-paragraph (a) insert—

(aa) childcare costs element of universal credit” means an amount included in the calculation of an award of universal credit under regulation 31 of the Universal Credit Regulations 2013;

Section 49 Amendment of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

(1) The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 is amended as follows.

(2) In article 10 (Severe disablement occupational allowance) —

(a) in paragraph (2)(c), omit “under Part 1 of the Welfare Reform Act 2007 or the corresponding provisions of the Welfare Reform Act (Northern Ireland) 2007”;

(b) after paragraph (3), insert—

(4) In this article, “employment and support contributory allowance” means—

(a) an allowance under Part 1 of the Welfare Reform Act 2007 (“the 2007 Act”) as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the 2007 Act as that Part has effect apart from those provisions; or

(b) a contributory allowance under the provisions of the Welfare Reform Act (Northern Ireland) 2007 that correspond to Part 1 of the Welfare Reform Act 2007.

(3) In article 15(2)(b)(iii) (Allowance for lowered standard of occupation) , after sub-paragraph (bb) omit “or”, and after sub-paragraph (cc) insert—

, or

(dd) an award of universal credit under Part 1 of the Welfare Reform Act 2012, the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that the member has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations

(4) In article 50(3) (payment of public claims out of pensions) , after sub-paragraph (aa) omit “or”, and insert—

(ab) universal credit under Part 1 of the Welfare Reform Act 2012; or

(5) In article 56(3) (abatement of awards in respect of social security benefits) after sub-paragraph (h), insert—

;

(i) Part 1 of the Welfare Reform Act 2012

Section 50 Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996

(1) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 are amended as follows.

(2) In the title of the Regulations, for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

(3) In regulation 1 (citation and commencement), for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

(4) In regulation 2(1) (interpretation) —

(a) in the definition of “recoupable benefit”, after “income-related employment and support allowance” insert “, universal credit”;

(b) after the definition of “Secretary of the Tribunals” insert—

“universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012 ;

(5) In regulation 4 (duties of the employment tribunals and of the Secretary of the Tribunals in respect of monetary awards) , in paragraphs (1) and (8), after “income-related employment and support allowance” insert “, universal credit”.

(6) In regulation 8 (recoupment of benefit) —

(a) in paragraph (1), after “income-related employment and support allowance” insert “, universal credit”;

(b) in paragraph (2)(b) at the beginning insert “(i)”, and after “is attributable” insert—

; or

(ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable

(c) in paragraph (3)(b), at the beginning insert “(i)”, and after “described in (a) above” insert—

; or

(ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the protected period falling before the date described in (a) above, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the protected period

(d) after paragraph (11) insert—

(12) For the purposes of paragraphs (2)(b)(ii) and (3)(b)(ii), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(7) In regulation 10 (provisions relating to determination of amount paid by way of or paid as on account of benefit) , in paragraphs (1) and (2), after “income-related employment and support allowance” insert “, universal credit”.