2 week run on! What's the truth!!

Hi cats6

The Managed Migration 2 week run-on is defined by legislation (quoted below) that does not specify circumstances where part payment only of the 2 week run on is allowed.

l payments) to, those Regulations,”.

Two week run-on of income support, income-based JSA and income-related ESA: amendment of the Universal Credit (Transitional Provisions) Regulations 2014
4.—(1) The Universal Credit (Transitional Provisions) Regulations 2014(36) are amended as follows.

(2) In regulation 5(2) (exclusion of entitlement to certain benefits)(37) for sub-paragraph (a) substitute—

“(a)to housing benefit in respect of specified accommodation or temporary accommodation;

(ab)to housing benefit or income support where regulations 8(2A), 46(1) or 47(2) apply; or”.

(3) In regulation 8 (termination of awards of certain existing benefits: other claimants)—

(a)in paragraph (2) omit “income support or”; and

(b)in paragraph (2A) omit the words “income support or” where they appear before “a tax credit” and insert them before “housing benefit”.

(4) After regulation 8A insert—

Effect on universal credit award of two week run-on of income support, income-based JSA and income-related ESA
8B. In a case where an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance is to continue for two weeks after the commencement of an award of universal credit by virtue of regulation 8(2A), 46(1) or 47(2) or by virtue of regulation 5 (two week run-on of income-based JSA and income-related ESA: day appointed for abolition) of the Universal Credit (Managed Migration) Regulations 2018(38)—

(a)regulation 79 of the Universal Credit Regulations applies as if the benefit in question was not included in the list of welfare benefits in section 96(10) of the Act (benefit cap); and

(b)in a case where the claimant has become entitled to an award of new style JSA or new style ESA on the termination of an award of income-based jobseeker’s allowance or income-related employment and support allowance, the claimant is to be treated, for the purposes of regulation 73 of the Universal Credit Regulations (unearned income calculated monthly), as if they had been entitled to that award of new style JSA or new style ESA from the first day of the award of universal credit.”

(5) In regulation 46 (termination of existing benefits if no claim before the deadline)—

(a)in paragraph (1)(a) after “housing benefit” insert “income support, income-based jobseeker’s allowance or income-related employment and support allowance,”; and

(b)in paragraph (1)(b) for “any other existing benefit” substitute “a tax credit”.

(6) In regulation 47 (notified persons who claim as a different benefit unit)—

(a)in paragraph (2)(a) after “housing benefit” insert “income support, income-based jobseeker’s allowance or income-related employment and support allowance,”; and

(b)in paragraph (2)(b) for “any other existing benefit” substitute “a tax credit”.

(7) In regulation 13(3) after “regulation 8” insert “, 46 or 47”.

Two week run-on of income-based JSA and income-related ESA: day appointed for abolition
5.—(1) Subject to paragraph (2) where, in relation to any relevant claim for universal credit, an article (“the specified article”) of any Order made under the powers in section 150(3) of the Welfare Reform Act 2012 provides for the coming into force of the amending provisions, the provision in that article for the day appointed is to be read as though the day appointed was the last day of the period of two weeks beginning with the day mentioned in that provision.

(2) For the purposes of paragraphs (6) and (7) of article 4 of the No. 9 Order (conversion to employment and support allowance of awards of incapacity benefit and severe disablement allowance), including as they apply for the purposes of any other Order made under section 150(3) of the Welfare Reform Act 2012, the day appointed by the specified article for the coming into force of the amending provisions shall be treated as though it was the day that applies apart from this regulation.

(3) In this regulation—

“amending provisions” has the meaning given by article 2(1) of the No. 9 Order;“the No. 9 Order” means the Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provision and Commencement No 8 and Savings and Transitional Provisions (Amendment) Order 2013;“relevant claim for universal credit” means a claim for universal credit made on or after 22nd July 2020 including a claim where, under the article in question, the amending provisions come into force despite incorrect information having been given by the claimant, but excluding any claim that is treated as made by a couple in the circumstances referred to in regulation 9(8) (claims for universal credit by members of a couple) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations

David