Minimum income floor temporarily relaxed

The rules for suspending the minimum income floor during the COVID-19 outbreak are set out in the Social Security (Coronavirus) (Further Measures) Regulations 2020 (SI.No.371/2020) and the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (SI.No.289/2020).

NB: See below for equivalent legislation in Northern Ireland.

Minimum income floor (MIF) suspension

Regulation 2 of SI.No.371/2020

Enables the Secretary of State to vary or cease the application of the MIF for self-employed claimants and to delay making certain decisions.

Suspension of the MIF for claimants treated as having limited capability for work (LCW)

Regulations 3 and 4 of SI.No.289/2020.

Provides for the suspension of the MIF for self-employed claimants who are treated as, or recently treated as, having LCW due to coronavirus, and for the duration of that suspension.

SR.No.53/2020 and SR.No.33/2020 make provision in Northern Ireland equivalent to that in Great Britain in relation to the suspension of the minimum income floor for self-employed claimants in response to the COVID-19 outbreak.

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

ADM Memo 02/20

​Includes guidance on the discretion provided to the Secretary of State to make variations to the application of the minimum income floor for self-employed claimants,

DWP Understanding Universal Credit website

New to universal credit - Self-employment

Advises that the minimum income floor has been temporarily relaxed during the coronavirus outbreak and that this change applies to all universal credit claimants and will last for the duration of the outbreak.

We’re not aware of any case law relating to this issue.