Managed migration
Following suspension of the initial managed migration pilot in Harrogate due to the Covid-19 pandemic, a small-scale discovery phase for migration started in May 2022. This was followed by migration of tax credit-only claimants from April 2023 in a phased roll-out to different Jobcentre Plus districts that completed in February 2024 (see Managed migration: an overview). From April 2024, the DWP started to migrate the remaining legacy benefit claimants (with the exception of those in receipt of ESA only or ESA and housing benefit who will be migrated from September 2024).
NB: See below for equivalent legislation in Northern Ireland.
Definitions |
Regulations 44, 46, 48 and 49 of SI.No.1230/2014 |
Set out definitions of ‘migration notice’, ‘notified person’, ‘deadline day’, ‘final deadline’, ‘qualifying claim’ and ‘migration day’. |
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Discretionary decisions |
Regulations 44(5), 45 and 58 of SI.No.1230/2014 |
Set out the Secretary of State’s discretion to cancel a migration notice, change the deadline day and set a later date for commencement of a universal credit award respectively. |
Extension of deadline day |
Regulations 45 and 46 of SI.No.1230/2014 |
Set out rules for extension of the deadline day for good reason, termination dates for existing benefits, and accepting a later claim made by the final deadline. |
Notified persons who claim as different benefit unit |
Regulation 50(2) of SI.No.1230/2014 (as amended by regulation 6 of SI.No.752/2022 |
Sets out rules for benefit termination and entitlement dates for notified legacy benefit claimants in a benefit unit who subsequently claim as a different benefit unit (previously included in regulation 47 until its revocation from 25 July 2022 by regulation 6 of SI.No.752/2022). |
In Northern Ireland, SR.No.226/2016 - as amended by statutory rules including SR.No.152/2019 and SR.No.194/2022 - makes provision in relation to managed migration that is largely equivalent to that made in Great Britain. In addition, the Department for Communities commenced a phased rollout of managed migration to tax credit-only claimants in October 2023.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Sets out guidance on the managed migration process, termination of awards and transitional protection. |
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Explanatory memorandum |
Provides guidance on the managed migration regulations. |
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DWP guidance from parliament.uk |
Provides guidance on the managed migration process and the rules around transitional protection. |
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DWP guidance from parliament.uk |
Move to Universal Credit (managed migration): transitional protection top-up payment |
Provides further guidance on the transitional element including how it is calculated and eroded. |
DWP guidance from parliament.uk |
Move to Universal Credit (managed migration): transitional capital disregard |
Provides further guidance on the transitional capital disregard including what will cause it to cease. |
Case law provides further interpretation of the legislation and establishes legal precedent.
We’re not aware of any case law relating to this issue.