The Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023

• Citation: S.I. 2023/543
• Sections: 6

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023 and come into force on 29th June 2023.

(2) Any amendment made by these Regulations has the same extent as the provision amended.

Section 2 Amendment of the Social Security (Recovery of Benefits) Regulations 1997

In regulation 1(2) of the Social Security (Recovery of Benefits) Regulations 1997 (interpretation) , for the definition of “Compensation Recovery Unit” substitute—

“ Compensation Recovery Unit ” means the Compensation Recovery Unit, part of the Department for Work and Pensions, at Wear View House, 1 Eden Street West, Sunderland, SR1 3EY.

Section 3 Amendment of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008

In regulation 1(2) of the Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (interpretation) , for the definition of “Compensation Recovery Unit” substitute—

“ Compensation Recovery Unit ” means the Compensation Recovery Unit, part of the Department for Work and Pensions, at Wear View House, 1 Eden Street West, Sunderland, SR1 3EY;

Section 4 Amendment of the Universal Credit Regulations 2013

After regulation 28(5) of the Universal Credit Regulations 2013 (period for which the LCWRA element is not to be included), insert—

(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.

Section 5 Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

In regulation 26(2) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (time within which a claim for universal credit is to be made), for the words “, subject to a maximum extension of one month, to the date on” substitute “up to and including the day that would be the last day of the first assessment period for an award beginning on the first day in respect of” .

Section 6 Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

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

(2) In regulation 9(1) (treatment of ongoing entitlement to certain benefits: benefit cap), for “the Universal Credit Regulations” substitute “the Claims and Payments Regulations” .

(3) In regulation 21(4)(b) (other claimants with limited capability for work: credit only cases), for “regulation 27(1)(b)” substitute “regulation 27(1)” .

(4) In regulation 53(10) (transitional element – total legacy amount), for “in respect of housing benefit” substitute “for housing benefit in respect of specified or temporary accommodation” .

(5) In Schedule 1 (modification of tax credits legislation – finalisation of tax credits), omit—

(a) paragraph 2(b);

(b) paragraph 25(a);

(c) paragraph 26(b);

(d) paragraph 27(b).

(6) In Schedule 2 (claimants previously entitled to a severe disability premium)—

(a) in paragraph 5(b)(i), for “if the higher SDP rate was payable” substitute “if the higher SDP rate is payable on the first day of the award and no person becomes a carer for either of them in the first assessment period” ;

(b) renumber paragraph 8 as paragraph 8(1) and at the end insert—

(2) In paragraph 5(b)(i), the reference to a person being a carer for another person is to the person being entitled to, and in receipt of, a carer’s allowance or having an award of universal credit which includes the carer element in respect of caring for that other person.

(c) after paragraph 8, insert—

(9) For the purposes of paragraph 3(b) and 5(b)(i), paragraph 6(6) of Schedule 4 to the Employment and Support Allowance Regulations 2008 or, as the case may be, the corresponding provision in relation to income support or income-based jobseeker’s allowance, is to be disregarded.