Miscellaneous minor amendments to universal credit legislation
New DWP guidance
New guidance has been issued in relation to minor amendments being made to universal credit.
In ADM Memo 13/23, the DWP provides guidance on the Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023 (SI.No.543/2023) which come into force on 29 June 2023 and make changes to –
when the limited capability for work-related activity (LCWRA) element is included in an award – the new regulations clarify that where the claimant is already determined as having limited capability for work (LCW) – even if the LCW element is not in payment due to the determination commencing after 3 April 2017 – and is later determined to have LCWRA, the LCWRA element is included from the beginning of the assessment period in which the determination is made;
the time limit for claiming universal credit – the new regulations clarify that the earliest date to which an award of universal credit on a claim can be backdated is the first day of the assessment period that ends on the date on which the universal credit claim was made (or treated as made); and
the amount of the transitional severe disability premium (SDP) element included in a UC award for certain joint claimants – the new regulations clarify that for universal credit couple claims, the highest rate of the transitional SDP element will be payable if the higher SDP rate was payable in their previous legacy benefit (income support, income-based jobseeker’s allowance or income-related employment and support allowance) provided it is an existing award, or it ended within the previous month and they still meet the entitlement conditions.