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

Amendment of the State Pension Credit Regulations 2002

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

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

(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;”; and

(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)(3) before “income support” insert “universal credit,”.

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

(6) In Schedule 2 (housing costs)(5) —

(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”; and

(b) in paragraph 14 (persons residing with the claimant)(6)—

(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”; and

(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)(7)—

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

“;

(p) universal credit”; and

(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;”.

(1)

S.I. 2002/1792.

(2)

Regulation 1(2) was amended by S.I. 2013/388; there are other amendments that are not relevant to these Regulations.

(3)

Regulation 13A was inserted by S.I. 2002/3019.

(4)

Regulation 13B was inserted by S.I. 2002/3019 and amended by S.I. 2008/1554.

(5)

Paragraph 1(2)(a)(iii) was amended by S.I. 2002/3197, 2005/3360, 2006/718, 2008/1554, 2013/388 and 2013/591.

(6)

Paragraph 14(7) was amended by S.I. 2002/3197, 2003/1195, 2004/2327, 2005/3360, 2006/2378, 2008/1554 and 2008/2767.

(7)

Paragraph 20(2) was amended by S.I. 2002/3019, 2003/2774, 2008/1554 and 2008/3157. Paragraph 20A(2) was amended by S.I. 2002/2380, 2008/1554 and 2008/3157.