The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018

• Citation: S.I. 2018/1129
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018.

(2) Subject to paragraph (3), these Regulations come into force on 28th November 2018.

(3) Regulations 3(2) and (6)(a) to (c) and 4 come into force on 31st December 2018.

Section 2 Amendments to the Jobseeker’s Allowance Regulations 1996

In Schedule 1 (applicable amounts) to the Jobseeker’s Allowance Regulations 1996 —

(a) in paragraph 12 (higher pensioner premium), in sub-paragraph (1)(a)(i)—

(i) after “(c),” insert “(ca), (cb),”;

(ii) after “(f)” insert “, (fa)”;

(b) in paragraph 13 (disability premium), in sub-paragraph (1)—

(i) in paragraph (a)—

(aa) after “(c),” insert “(ca), (cb),”;

(bb) after “(f)” insert “, (fa)”;

(ii) in paragraph (b)—

(aa) after “(c),” insert “(ca), (cb),”;

(bb) after “(f)” insert “, (fa)”.

Section 3 Amendments to the Universal Credit Regulations 2013

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

(2) In regulation 6(1A) (rounding in pounds), omit paragraph (c) and the “and” preceding it.

(3) In regulation 24A (availability of the child element where maximum exceeded)—

(a) in paragraph (1)—

(i) before sub-paragraph (a) insert—

(za) any child or qualifying young person in relation to whom an exception applies in the circumstances set out in—

(i) paragraph 3 (adoptions) or paragraph 4 (non-parental caring arrangements) of Schedule 12; or

(ii) paragraph 6 of Schedule 12 by virtue of an exception under paragraph 3 of that Schedule having applied in relation to a previous award;

(ii) in sub-paragraph (b)(ii) after “person” insert “in the circumstances set out in paragraph 2 (multiple births), paragraph 5 (non-consensual conception) or, except where sub-paragraph (za)(ii) applies, paragraph 6 (continuation of existing exception in a subsequent award) of Schedule 12”;

(b) omit paragraph (4).

(4) In regulation 24B (order of children and qualifying young persons)—

(a) in paragraph (1)—

(i) for “paragraph (2)” substitute “paragraphs (2) and (2A)”;

(ii) for “the following date” to the end of paragraph (1)(b) substitute “the date of birth of each child or qualifying young person for whom the claimant is responsible, taking the earliest date first.”;

(b) omit paragraph (2)(b) and the “or” preceding it;

(c) after paragraph (2) insert -

(2A) Any child or qualifying young person to whom regulation 24A(1)(za) applies is to be disregarded when determining the order of children and qualifying young persons under this regulation.

(5) In regulation 77 (company analogous to a partnership or one person business), in paragraph (5), for “or Chapter 9” to the end substitute “, Chapter 9 (managed service companies) or Chapter 10 (workers’ services provided through intermediaries) of Part 2 of ITEPA and that income is derived from activities that are the person’s main employment”.

(6) In Schedule 4 (housing cost element for renters)—

(a) in paragraph 1(3), for “exceptions” substitute “an exception”;

(b) in the heading of Part 2 (exceptions to inclusion of housing costs element), for “Exceptions” substitute “Exception”;

(c) omit paragraphs 4A to 4C;

(d) in paragraph 29—

(i) in sub-paragraph (1), for “(9)” substitute “(9A)”;

(ii) after sub-paragraph (9) insert—

(9A) E is under 35 years old and satisfies the foster parent condition (within the meaning of paragraph 12(4)).

Section 4 Revocation of the Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017

The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017 are revoked.

Section 5 Amendments to the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017

In the following provisions of the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 for “an exception in Schedule 12 of the Universal Credit Regulations 2013 would apply” substitute “the child element specified in regulation 24(1) of the Universal Credit Regulations 2013 would be payable”–

(a) paragraph (2) of regulation 5 (restrictions on amounts for children and young persons—consequential changes to the Income Support (General) Regulations 1987); and

(b) paragraph (2) of regulation 6 (restrictions on amounts for children and young persons—consequential changes to the Jobseeker’s Allowance Regulations 1996).