Transitional provisions
The rules for transitional provisions are set out in the Universal Credit (Transitional Provisions) Regulations 2014 (SI.No.1230/2014) as amended by regulations including the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (SI.No.1152/2019), the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021 (SI.No.4/2021) and the Universal Credit (Transitional Provisions) Amendment Regulations 2022 (SI.No.752/2022).
NB: See below for equivalent legislation in Northern Ireland.
Transitional element |
Regulations 52 to 55 of SI.No.1230/2019 |
Set out how the initial amount of the transitional element is calculated, and for erosion where other elements increase. |
|---|---|---|
| Regulation 56 of SI.No.1230/2019 |
Sets out rules for ending transitional element due to employment ending, a sustained drop in earnings or benefit unit changes. |
|
| Regulation 57 of SI.No.1230/2019 |
Sets out when a transitional element can be applied in a subsequent award. |
|
| Regulation 62 of SI.No.1230/2019 |
Sets out rules for revising or superseding a decision in relation to calculation of a transitional element. |
|
Transitional capital disregard |
Regulation 51 of SI.No.1230/2019 |
Sets out rules for a capital disregard for tax credit claimants on managed migration to universal credit. |
| Regulations 56 and 57 of SI.No.1230/2019 |
Set out rules for the early ending of the capital disregard and application of a disregard to a subsequent award. |
|
SDP transitional amount and transitional element |
Regulation 63 and Schedule 2 of SI.No.1230/2014 (as amended by SI.No.4/2021 from 27 January 2021). |
Set out the transitional amount and transitional element criteria for claimants previously entitled to the SDP before naturally migrating to universal credit. |
| Paragraphs 5 and 6 of Schedule 2 of SI.No.1230/2019 prior to their amendment by SI.No.4/2021 and the Secretary of State Determination dated 21 September 2020. |
Set out rules for conversion of a transitional SDP payment into a transitional element. |
|
| Schedule 3 of SI.No.1230/2014 (as amended by SI.No.1238/2023 from 14 February 2024). |
Sets out rules for additional payments of the transitional SDP element for claims started on or after 14 February 2024. |
|
Claimants in education |
Regulation 60 of SI.No.1230/2014 |
Provides for the relaxation of the ‘not receiving education’ condition in section 4(1)(d) of the Welfare Reform Act 2012. |
Two week run on of income support, income-based JSA and income-related ESA |
Amendments made to SI.No.1230/2014 by regulations 4 and 5 of SI.No.1152/2019 (as amended by SI.No.826/2020) |
Set out rules for a two week run on of income support, income-based JSA or income-related ESA. |
Transitional housing payment |
Regulations 8(2A) and 8A of SI.No.1230/2014 |
Set out the rules for the two week transitional housing payment of housing benefit. |
In Northern Ireland, the equivalent provisions are set out in SR.N0.226/2016 as amended by SR.No.152/2019, SR.No.165/2020, SR.No.2.2021, and SR.No.194/2022.
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. |
|
|---|---|---|
DWP explanatory memorandum |
Sets out detailed guidance on the managed migration pilot regulations. |
|
DWP guidance from parliament.uk |
Provides guidance on the managed migration process and the rules around transitional protection. |
|
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.
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 |
|
|---|---|---|
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 |
|
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. |
|
High Court |
Universal credit migration arrangements as originally drafted for those who received severe disability premium before 16 January 2019 were unlawful. |
|
High Court |
Government’s initial failure to protect benefit rates for severely disabled people migrating to universal credit was unlawful. |