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 the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (SI.No.1152/2019) and the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021 (SI.No.4/2021).

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.

Self-employment and the minimum income floor

Regulation 59 of SI.No.1230/2014

Sets out rules for the relaxation of the minimum income floor start-up period rules (due to be revoked and replaced from 23 September 2020 by amendments made by regulation 6 of SI.No.1152/2019).

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.

Discretionary hardship payments

Regulation 64 of SI.No.1230/2014

Sets out the rules for provision of discretionary hardship payments during the managed migration pilot process.

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 that come into force from 22 July 2020 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 and SR.No.2.2021.

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

Chapter M7

Sets out guidance on the managed migration process, termination of awards and transitional protection.

DWP explanatory memorandum

Explantory Memorandum to SI.No.1152/2019

Sets out detailed guidance on the managed migration pilot regulations.

Case law​ provides further interpretation of the legislation and establishes legal precedent.

High Court

[2019] EWHC 2774 (Admin)

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

[2019] EWHC 1116 (Admin)

Universal credit migration arrangements as originally drafted for those who received severe disability premium before 16 January 2019 were unlawful.

High Court

[2018] EWHC 1474 (Admin)

Government’s initial failure to protect benefit rates for severely disabled people migrating to universal credit was unlawful.