Legislation – The Social Security (Miscellaneous Amendments) Regulations 2025

Amendment of the Universal Credit (Transitional Provisions) Regulations 20146.

(1)

The Universal Credit (Transitional Provisions) Regulations 201415 are amended as follows.

(2)

In regulation 6A (restriction on claims for housing benefit, income support or a tax credit)—

(a)

after paragraph (8) insert—

“(9)

Despite anything in paragraph (6) or (7), or in the Tax Credits (Claims and Notifications) Regulations 200216, a person may not make, or be treated as making, a claim for a tax credit in respect of the whole, or any part, of the tax year beginning on 6th April 2025 or any subsequent tax year.”;

(b)

in paragraph (9) (as inserted by sub-paragraph (a)) omit “paragraph (6) or (7), or in”.

(3)

In regulation 8A (transitional housing payment)—

(a)

in the opening words omit “or 46”;

(b)

in paragraphs (a) and (b) omit “or 46(1)”.

(4)

In regulation 11 (ongoing awards of tax credits) after paragraph (2) insert—

“(3)

This regulation applies in relation to a current tax year that ends on or before 5th April 2025 only.”.

(5)

In regulation 21 (other claimants with limited capability for work: credits only cases)—

(a)

in the heading omit “: credits only cases”;

(b)

for paragraph (1)(a) (but not the “and” after it) substitute—

“(a)

an award of universal credit is made to a claimant—

(i)

who was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975 (“the 1975 Regulations”)17 on the date on which the claim for universal credit was made or treated as made (the “relevant date”); or

(ii)

who claims or is treated as claiming universal credit within the period of one month beginning with the day after the day on which an award of new-style ESA or old-style ESA ends and would have been so entitled on the relevant date but for reaching the qualifying age for state pension credit;”.

(6)

In regulation 44 (migration notice)—

(a)

in paragraph (3), at the beginning insert “Subject to paragraphs (3A) and (3B),”;

(b)

in paragraph (3A), omit “But”;

(c)

after paragraph (3A) insert—

“(3B)

Where a migration notice is—

(a)

issued to a person who is entitled to an award of a tax credit; and

(b)

issued on or after 27th January 2025 and before 6th April 2025,

the deadline day may be 6th April 2025.”.

(7)

In regulation 50 (Secretary of State to determine whether transitional protection applies) after paragraph (2) insert—

“(3)

A person who makes a claim for universal credit as a single person by virtue of regulation 3(3) of the Universal Credit Regulations is a single person for the purposes of paragraph (2)(a) and a member of a couple for the purposes of paragraph (2)(b).”.

(8)

In regulation 55 (the transitional element – initial amount and adjustment where other elements increase)—

(a)

in paragraph (4)—

(i)

for “paragraph (5)” substitute “paragraphs (5) and (5A)”;

(ii)

after “the first time” insert “, or included again following a change of circumstances”;

(b)

after paragraph (5) insert—

“(5A)

There is to be no “relevant increase” with respect to the inclusion of a housing costs element in a case where the claimant was entitled to an award of housing benefit in respect of specified accommodation or temporary accommodation within the month ending with the first day of the assessment period in which the housing costs element is included.”;

(c)

in paragraph (6) after “this regulation,” insert ““housing costs element”,”.

(9)

In regulation 60(1) (protection for full-time students until course completed)—

(a)

for “notified person”, in the first place it occurs, substitute “person who has made a qualifying claim”;

(b)

for “on the day on which all awards of any existing benefit are to terminate as a consequence of a claim for universal credit” substitute “on the migration day”;

(c)

for “notified person”, in the second place it occurs, substitute “person”.

(10)

In regulation 60B(1) (deferral of retirement pension income) before “claim” insert “qualifying”.