Natural migration
The main provisions that lead to claimants having to naturally migrate to universal are set out in -
- the Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 (SI.No.983/2013);
- the Welfare Reform Act 2012 (Commencement No. 23 and Transitional and Transitory Provisions) Order 2015 (SI.No.634/2015); and
- the Universal Credit (Transitional Provisions) Regulations 2014 (SI.No.1230/2014).
The relevant provisions in SI.No.983/2013 and SI.No.634/2015 were extended to all areas of the UK by individual Commencement Orders.
NB: See below for equivalent legislation in Northern Ireland.
Losing right to claim legacy benefits |
Article 4 of SI.No.983/2013 |
Sets out the general rules for the abolition of income-based JSA and income-related ESA. |
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| Regulations 5 and 6 of SI.No.1230/2014 |
Make provision preventing entitlement to and claims for income support, housing benefit or tax credits. |
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| Regulations 7 and 8 of SI.No.1230/2014 |
Set out rules for the termination of income support, housing benefit and tax credits when a universal credit claim is made. |
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Retaining right to claim legacy benefits |
Article 5A(1) of SI.No.983/2014 and article 7(2) of SI.No.634/2015 |
Make provision enabling new claims for existing benefits where universal credit cannot be claimed. |
| Regulation 79(2A) of SI.No.213/2006 |
Provides that no new claim for housing benefit is required if moving to new accommodation within the same local authority area. |
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| Regulation 5(2)(a) of SI.No.1230/2014 and paragraphs 1(a) and 3B of schedule 1 to SI.No.376/2013 |
Make provision so that housing benefit is payable for specified accommodation or temporary accommodation. |
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| Regulation 3(1)(j) of SI.No.1968/1987 |
Provides for ESA to be awarded pending a limited capability for work appeal. |
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| Regulations 2 and 3 of SI.No.10/2019 |
Make provision to introduce the SDP gateway, preventing claims to universal credit by claimants entitled to an SDP - or who have been within the last month - and consequential amendments to provide for such claimants to continue to claim existing legacy benefits. Note - the SDP gateway was removed with effect from 27 January 2021 by SI.No.4/2021 (SR.No.2/2021 in Northern Ireland) |
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| Section 1 of the Welfare Reform Act 2007 |
Provides that old-style contributory and income-related ESA are one benefit for claims purposes, so no new claim is required to add income-related ESA to contributory ESA - confirmed in LH v SSWP [2014] UKUT 480 AAC. |
In Northern Ireland, SR.No.190/2017 and SR.No.226/2016 make provisions that are largely equivalent to that in Great Britain.
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 the effects of transition to universal credit. |
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Advice for decision making |
Includes guidance on who can claim universal credit and the abolition of legacy benefits. |
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Housing benefit adjudication circular |
Provides guidance on when new universal credit claims are required. |
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Housing benefit adjudication circular |
Includes guidance on the SDP Gateway and housing benefit. Note - the SDP gateway was removed with effect from 27 January 2021 by SI.No.4/2021 (SR.No.2/2021 in Northern Ireland) |
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DWP guidance from parliament.uk |
Sets out guidance for DWP staff on how the SDP Gateway operates. Note - the SDP gateway was removed with effect from 27 January 2021 by SI.No.4/2021 (SR.No.2/2021 in Northern Ireland) |
Case law provides further interpretation of the legislation and establishes legal precedent.
Upper Tribunal |
Tribunal hearing appeal against HMRC decision to end tax credits following universal credit claim is limited to determining whether SSWP is in fact satisfied that claimant meets basic conditions of entitlement to universal credit. |
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Upper Tribunal |
Tribunal hearing appeal against HMRC decision to terminate tax credits following claim for universal credit did not have jurisdiction to consider whether DWP was entitled to be satisfied that basic universal credit conditions were met. |
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High Court |
High Court rules that failure to compensate claimants who migrated to universal credit for loss of enhanced disability premium and child tax credit disabled child element is unlawful |
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Upper Tribunal |
Reference in transition regulations to universal credit basic condition of being ‘in Great Britain’ under section 4(1)(c) of Welfare Reform Act 2012 is freestanding and not subject to qualifications in regulations authorised by Act |
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Upper Tribunal |
Universal credit claim could not be withdrawn and, even if it could, that would not affect transition from housing benefit to universal credit |
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Court of Appeal |
Court of Appeal rules that failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was unlawful |
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Upper Tribunal |
Whether a single tax credits claimant could avoid prohibition on claiming tax credits in a universal credit full-service area by relying on previous year’s joint award. |
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Upper Tribunal |
Whether income support including a disability premium is ‘paid on grounds of incapacity for work or disability’ / whether income support is extinguished or suspended where claimant is imprisoned |
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Court of Appeal |
Court of Appeal upholds High Court judgments that failure to protect income of severely disabled claimants migrating to universal credit is unlawful |
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High Court |
High Court considers compensation following TP, AR & SXC, R (on the application of) v SSWP ruling that transitional provisions for benefit claimants with an SDP who had transferred to universal credit were unlawful. |
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High Court |
Universal credit migration arrangements as originally drafted for those who received severe disability premium before 16 January 2019 were unlawful. |
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High Court |
Failure to provide transitional protection for claimants who transferred to universal credit following incorrect legacy benefit decision was not unlawful. |
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High Court |
Government’s initial failure to protect benefit rates for severely disabled people migrating to universal credit was unlawful. |
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Upper Tribunal |
Withdrawal of universal credit claim did not mean that it retrospectively ceased to exist for purposes of ending tax credit award. |