Guidance

Welfare Reform Act 2012 regulations

Updated 24 March 2023

The following regulations and statutory instruments relating to the Welfare Reform Act 2012 are published on the legislation.gov.uk website. We have published the links here so that you can find all the legislation relating to the Act in one place.

Universal Credit, Jobseeker’s Allowance and Employment and Support Allowance

Secretary of State Determination under Regulation 5 of The Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015 [2024 Determination]

The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of universal credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015(1).

The “temporary de minimis period” is the period during which “the relevant threshold” for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(2) is £2,500 rather than £300.

Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2025.

Jo Churchill MP
Minister for Employment
Department for Work and Pensions
22 February 2024

(1) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(2) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended

What the determination means

This determination extends the temporary ‘de minimis’ period until 31 March 2025. This means that monthly earnings of more than £2,500 over the amount where your Universal Credit payment stops, will be treated as ‘surplus earnings’. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings.

Secretary of State Determination under Regulation 5 of The Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015 [2023 Determination]

The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of universal credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015(a).

The “temporary de minimis period” is the period during which “the relevant threshold” for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is £2,500 rather than £300.

Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2024.

Guy Opperman MP
Minister for Employment
Department for Work and Pensions
20 March 2023

(a) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(b) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended

What the determination means

This determination extends the temporary ‘de minimis’ period until 31 March 2024. This means that monthly earnings of more than £2,500 over the amount where your Universal Credit payment stops, will be treated as ‘surplus earnings’. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings.

Secretary of State Determination under Regulation 5 of The Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015 [2022 Determination]

The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of universal credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015(a).

The “temporary de minimis period” is the period during which “the relevant threshold” for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is £2,500 rather than £300.

Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2023.

Minister for Welfare Delivery: David Rutley MP
Department for Work and Pensions
3 March 2022

(a) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(b) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended

What the determination means

This determination extends the temporary ‘de minimis’ period until 31 March 2023. This means that monthly earnings of more than £2,500 over the amount where your Universal Credit payment stops, will be treated as ‘surplus earnings’. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings.

Secretary of State determination of the day for conversion of transitional Severe Disability Premium (SDP) payments

The Secretary of State for Work and Pensions makes the following determination for the purposes of paragraphs 5 and 8 of Schedule 2 (claimants previously entitled to a severe disability premium: transitional payments) to the Universal Credit (Transitional Provisions) Regulations 2014.(a)

Having regard to the efficient administration of universal credit, the Secretary of State determines that the conversion day is:

(a) 8 October 2020 in relation to any award of Universal Credit where the amount of a transitional SDP payment has been determined on or before that day; and

(b) in any other case, the day on which the amount of that payment is determined.

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson MP, Minister for Disabled People
Department for Work and Pensions
21 September 2020

(a) S.I. 2014/1230 – Schedule 2 was inserted by S.I. 2019/1152. Paragraph 5 provides for the amount of a transitional SDP payment determined under that Schedule to be included in the calculation of an award of Universal Credit in the first assessment period to begin on or after the conversion day, as if it were the initial amount of a transitional element. Paragraph 8 provides for the conversion day to be determined by the Secretary of State having regard to the efficient administration of Universal Credit.

Secretary of State Determination under Regulation 5 of the Universal Credit (Surpluses and Self Employed Losses) (Digital Service) Amendment Regulations 2015 [2021 Determination]

The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of Universal Credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self Employed Losses) (Digital Service) Amendment Regulations 2015.(a)

The ‘temporary de minimis period’ is the period during which ‘the relevant threshold’ for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is £2,500 rather than £300.

Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2022.

Will Quince MP, Minister for Welfare Delivery
Department for Work and Pensions
23 March 2021

(a) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65

(b) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended

Determination for the purposes of regulations 39 and 40 of the Universal Credit (Transitional Provisions) Regulations 2014

The ‘interim period’ during which no claim may be made for Universal Credit by a person who is responsible for more than 2 children or qualifying young persons has been extended and will now end on 31 January 2019. The date was changed by the Minister for Employment on 25 October 2018 on behalf of the Secretary of State, in a determination made under Regulation 39(2) of the Universal Credit (Transitional Provisions) Regulations 2014.

The determination supersedes the original date of 31 October 2018 set out in Regulation 39(2) and the extension is considered necessary in order to protect the efficient administration of Universal Credit. Copies of the determination are available on request.

Welfare Reform Act 2012 – amending Commencement Order No. 881 (C. 68) – provides for the final expansion of the Universal Credit service (‘Digital Service’ in legislation) to further postcodes between 5 September 2018 and 12 December 2018. This completes the rollout of Universal Credit to every jobcentre in Great Britain.

Welfare Reform Act 2012 – amending Commencement Order No. 532 (C. 43) – provides for the expansion of the Universal Credit service (‘Digital Service’ in legislation) to further postcodes between 2 May 2018 and 25 July 2018.

Welfare Reform Act 2012 – amending Commencement Order 2018 No. 138 (C. 13) – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to further postcodes between 7 February 2018 and 25 April 2018. It also provides for Universal Credit claimants who are living in temporary accommodation to claim Housing Benefit instead of the Universal Credit housing element from 11 April 2018.

The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 – bring together a number of changes to various pieces of legislation where improvements or simplifications have been identified, including measures announced in the Autumn 2017 Budget and other changes as a result of changes being made elsewhere in government.

The roll-out of Universal Credit full service in postcode areas administered by North Kensington Jobcentre will now take place from 12 December 2018. These postcodes are: W8, W10 5, W10 6, W10 9 and W11 as listed in Part 29 of the Schedule to Commencement Order No. 29. The date was changed by the Minister for Employment on 11 December 2017 on behalf of the Secretary of State, in a decision made under Regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014. This supersedes a previous decision made by the Minister for Employment on 26 September 2017.

The Determination also covers the closure of Universal Credit Live Service for new claimants from 1 January 2018.

Welfare Reform Act 2012 – amending Commencement Order 2017 No. 952 (C. 86) – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to further postcodes between 4 October 2017 and 24 January 2018.

Welfare Reform Act 2012 – amending Commencement Order 2017 No. 664 (C. 56) – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to postcodes administered by a total of 30 jobcentres on a weekly basis between 5 to 19 July.

Ramsgate, Margate, Barnsley, York Monkgate, Southend, Harlow, Dudley and Solihull Jobcentres will initially launch this service to around half of the postcode areas they administer in July, with the remaining postcodes joining the service in September.

Welfare Reform Act 2012 – amending Commencement Order 2017 No. 584 (C. 53) – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to postcodes administered by a total of 13 jobcentres on a weekly basis between 3 May and 28 June 2017.

Welfare Reform Act 2012 – amending Commencement Order 2017 No. 57 (C. 5) – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to postcodes administered by a total of 15 jobcentres on a weekly basis between 1 February and 26 April 2017.

Welfare Reform Act 2012 – amending Commencement Order 2016 No. 963 – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to postcodes administered by a total of 20 jobcentres on a weekly basis between 5 October and 14 December 2016.

This Order includes minor variations of the expansion plan as follows:

  • Shepherds Bush Jobcentre will now join the service on 23 November, rather than December
  • Peckham Jobcentre will join in 2 phases on 5 October and 9 November, rather than entirely in October
  • Swindon Jobcentre will join in 2 phases on 30 November and 14 December, rather than entirely in December

Welfare Reform Act 2012 – amending Commencement Order 2016 No. 596 (C. 41) – provides for the expansion of the full Universal Credit service (‘Digital Service’ in legislation) to postcodes administered by a total of 16 jobcentres from 25 May, 29 June and 27 July 2016.

Welfare Reform Act 2012 – Commencement Order No. 27 – provides for the introduction of the Universal Credit Digital Service in postcodes administered by Croydon, London Bridge and Musselburgh Jobcentres from 23 March 2016, and in Purley, Thornton Heath and Great Yarmouth Jobcentres from 27 April 2016.

Welfare Reform Act 2012 – Commencement Order No. 26 – provides for the introduction of the Universal Credit Digital Service in postcodes administered by Sutton, London Bridge, Hounslow and Croydon Jobcentres from 27 January and 24 February.

Certain postcode areas administered by Croydon and Sutton Jobcentres will now take new claims for Universal Credit from 23 March 2016, instead of from 24 February 2016. These are: CR0 1, CR0 3, SM2 5, SM2 7, SM3 8, SM5 4 and SM7 3, as listed in Part 2 of the Schedule to Commencement Order No. 26. This decision is made under Regulation 4 of the Universal Credit (Transitional Provisions) Regulations 2014.

Welfare Reform Act 2012 – Commencement Order No. 25 – provides for expansion of Universal Credit to further postcodes in the London Borough of Sutton from 2 December 2015.

The Universal Credit (Transitional Provisions) (Amendment) Regulations 2015 – provides that people who are in a 6 month ‘re-award’ period, during which time Universal Credit may be awarded without having to make a new claim, may not also claim Housing Benefit, Tax Credits or Income Support.

The Universal Credit and Miscellaneous Amendments Regulations 2015 – technical changes to Universal Credit regulations and consequential changes to other benefits regulations.

Welfare Reform Act 2012 – Commencement Order No. 24 – completes the national expansion of Universal Credit claims for single claimants between 21 September 2015 and 25 April 2016.

Welfare Reform Act 2012 – amending Commencement Order (2015 No. 740) – amends Commencement Order No. 23 for relevant Universal Credit claims made from 10 June 2015.

Welfare Reform Act 2012 – Commencement Order No. 23 – provides for expansion of Universal Credit to further postcodes in the London Boroughs of Sutton, Croydon and Southwark in three phases from 18 March, 10 June and 4 November 2015.

Welfare Reform Act 2012 – Commencement Order No. 22 – provides for the first phase of the national expansion of Universal Credit claims for single claimants between 16 February and 20 July 2015.

Welfare Reform Act 2012 – amending Commencement Order (2015 No. 32) – provides for the introduction of Universal Credit claims from claimants with children in all current Live Service offices. This is implemented in two phases on 26 January and 2 March 2015.

Welfare Reform Act 2012 – Commencement Order No. 21 – provides for the resumption of Universal Credit new claims in the London Borough of Sutton from 28 January 2015.

Welfare Reform Act 2012 – Commencement Order No. 20 – provides for the introduction of Universal Credit claims in the London Borough of Sutton for a test period from 26 November to 19 December 2014.

Welfare Reform Act 2012 – amending Commencement Order (2014 No. 3067) – provides for the introduction of Universal Credit claims from claimants with children in Warrington, Birkenhead, Bromborough, Hoylake, Upton and Wallasey Jobcentres from 24 November 2014.

The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 – the amendments contained in these regulations will apply to all Universal Credit claimants, whether claiming under the Live Service or the Digital Service arrangements.

The Universal Credit (Digital Service) Amendment Regulations 2014 – the amendments contained in these regulations are those that will reflect Universal Credit in the enhanced Digital Service but will not be implemented in the Live Service.

Welfare Reform Act 2012 – Commencement Order No. 19 – provides for further expansion of Universal Credit in north west England between September and December 2014.

Welfare Reform Act 2012 – amending Commencement Order (2014 No. 1923) – provides for the introduction of claims by couples from 28 July 2014 in all areas where Universal Credit is running.

Welfare Reform Act 2012 – amending Commencement Order (2014 No. 1661) – updates the gateway conditions for claiming Universal Credit, and provides for the introduction of Universal Credit claims by couples in Hammersmith, Inverness, Rugby, Bath and Harrogate from 30 June 2014.

Universal Credit (Transitional Provisions) (Amendment) Regulations 2014 – enhances provision dealing Universal Credit expansion.

Welfare Reform Act 2012 – Commencement Order No. 17 – provides for Universal Credit expansion in North West England during June and July 2014.

Welfare Reform Act 2012 – amending Commencement Order (2014 No. 1452) – provides for continued Universal Credit expansion from June 2014.

Universal Credit transitional provisions regulations 2014 – provides for continued Universal Credit expansion from June 2014.

Welfare Reform Act 2012 – Commencement Order No.16 – provides for the Universal Credit Pathfinder to be extended to Bath and Harrogate on 24 February, and to Shotton on 7 April 2014.

Welfare Reform Act 2012 – Commencement Order No.14 – provides for the Universal Credit Pathfinder to be extended to Rugby and Inverness on 25 November 2013.

Welfare Reform Act 2012 – Commencement Order No.13 – provides for the Universal Credit Pathfinder to be extended to Hammersmith on 28 October 2013.

Welfare Reform Act 2012 – Commencement Order No.11 – provides for the Universal Credit Pathfinder to be extended to Wigan on 1 July and to Oldham and Warrington on 29 July 2013.

Welfare Reform Act 2012 – Commencement Order No. 9 – provides for the Universal Credit Pathfinder to start on 29 April 2013 in Ashton-under-Lyne.

Universal Credit transitional provisions regulations 2013 – provide for the limited introduction of Universal Credit from 29 April 2013 for certain claimants who will participate in the ‘Pathfinder’.

Payments on account of benefit regulations 2013 – replace interim payments and some crisis loans with Universal Credit Advances and Short Term Benefit Advances and replace Budgeting Loans with Budgeting Advances.

Decisions and appeals regulations for Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance 2013 – update existing provisions on how decisions are made, including a new requirement for decisions to be reconsidered before claimants can appeal.

Claims and payments regulations for Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance 2013 – update existing provisions and makes new provisions, for example to pay Universal Credit 1 month in arrears.

Employment and Support Allowance regulations 2013 – remove income-related rules and brings contribution-based Employment and Support Allowance into line with Universal Credit on labour market requirements.

Jobseeker’s Allowance regulations 2013 – remove income-related rules and bring contribution-based Jobseeker’s Allowance into line with Universal Credit on labour market requirements.

Universal Credit regulations 2013 – set out the main rules for Universal Credit, including entitlement, elements of the award, calculation of income and capital, and claimant responsibilities, and also allow for a benefit cap.

Employment and Support Allowance sanctions amendment regulations 2012 – align the Employment and Support Allowance sanctions regime with Universal Credit and introduce hardship payments prior to introduction of Universal Credit.

Jobseeker’s Allowance sanctions amendment regulations 2012 – introduce a new sanctions regime for Jobseeker’s Allowance.

Personal Independence Payment, Disability Living Allowance, Attendance Allowance and Carer’s Allowance

Personal Independence Payment amendment regulations 2013 – make clear that, when assessing whether an individual can carry out an activity, we must look at whether they can do so safely, to an acceptable standard, repeatedly and in a reasonable time period

Disability Living Allowance, Attendance Allowance and Carer’s Allowance amendment regulations 2013 – allow for changes to certain rules on residence, absences abroad, age limits and hospital and care homes

Personal Independence Payment supplementary provisions and consequential amendments regulations 2013 – allow for Personal Independence Payment claimants to qualify for certain other schemes and benefits (known as ‘passporting arrangements’)

Personal Independence Payment transitional provisions regulations 2013 – set out the transitional arrangements for assessing existing Disability Living Allowance claimants for Personal Independence Payment

Personal Independence Payment regulations 2013 – set out the main rules for Personal Independence Payment, including the assessment criteria, and payment amounts

Housing costs

Claims and payments amendment regulations 2013 – make changes to the cost mortgage lenders pay towards the mortgage interest direct scheme

Rent officers (Universal Credit functions) order 2013 – allow for rent officers in England, Wales and Scotland to make decisions about housing costs relating to Universal Credit

Housing Benefit amendment regulations – introduce a requirement to set a maximum rent in the social rented sector using the local housing allowance size criteria, and also make changes to the time and circumstances in which a case subject to the local housing allowance is reviewed

Benefit Cap (Housing Benefit) regulations 2012 – amend the Housing Benefit regulations to introduce a benefit cap

Council Tax Benefit

Council Tax Benefit abolition (consequential provision) regulations 2013 – remove or amend references to Council Tax Benefit in various statutory instruments

Fraud and overpayments

Loss of benefit amendment regulations 2013 – change the reduction applied to some means-tested benefits and to hardship arrangements, and also sets out the ‘serious fraud’ offences which attract an immediate 3 year loss of benefit

Overpayments and recovery regulations 2013 – set out rules for calculating and recovering overpayments of Universal Credit, certain Tax Credits and contribution-based Jobseeker’s Allowance and Employment and Support Allowance

Sharing information with other organisations

Information-sharing in relation to welfare services etc amendment and prescribed bodies regulations 2013 – allow DWP and other bodies responsible for certain local welfare services, such as Housing Benefit, council tax and local welfare provision, to share information