Transitional protection for students under managed migration
The rules that provide for transitional protection for students undergoing managed migration are set out in the Universal Credit (Transitional Provisions) Regulations 2014 (SI.No.1230/2014)
NB: See below for equivalent legislation in Northern Ireland.
Protection for students until managed migration completed |
Regulation 60 of SI.No.1230/2014 |
Provides for when a claimant’s entitlement to universal credit is protected when they are a notified person under managed migration who does not meet the basic condition of ‘not receiving education’. |
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In Northern Ireland, the equivalent provisions are set out in SR.N0.226/2016 as amended by SR.No.152/2019.
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 and examples of when a claimant’s entitlement to universal credit is protected when they are a notified person under managed migration who does not meet the basic condition of ‘not receiving education’. |
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DWP guidance from parliament.uk |
Provides guidance on when students who move to universal credit under managed migration may be exempt from the normal education eligibility criteria. |
Case law provides further interpretation of the legislation and establishes legal precedent.
We’re not aware of any case law relating to this issue.