Citation, commencement and extent

1. —(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2025.

(2) Subject to paragraphs (3) and (4), these Regulations come into force on 27th January 2025.

(3)Regulation 6(2)(b) (and regulation 6(1) insofar as it relates to regulation 6(2)(b)) and regulation 7(2) (and regulation 7(1) insofar as it relates to regulation 7(2)) come into force on 6th April 2025.

(4)Regulation 6(8) (and regulation 6(1) insofar as it relates to regulation 6(8)) comes into force on 1st June 2025.

(5) This regulation and regulation 7 extend to England and Wales, Scotland and Northern Ireland.

(6)Regulations 2 to 6 extend to England and Wales and Scotland.

Amendment of the State Pension Credit Regulations 2002

2. —(1)The State Pension Credit Regulations 2002( 7 ) are amended as follows.

(2) In Schedule 2A (additional amount applicable for claimants responsible for a child or qualifying young person)—

(a) in paragraph 2(1) (general) after the definition of “child” insert—

“ “ foster parent ” has the meaning given in regulation 2 of the Universal Credit Regulations 2013 ( 8 ) ; ” ;

(b) in paragraph 4(3) (child or qualifying young person looked after by a local authority)—

(i) omit the “or” after paragraph (a);

(ii) after paragraph (b) insert—

“ ; or

(c) during which the child or qualifying young person is placed for adoption under the Adoption and Children Act 2002 ( 9 ) or the Adoption and Children (Scotland) Act 2007 ( 10 ) . ” .

Amendment of the Housing Benefit Regulations 2006

3. —(1)The Housing Benefit Regulations 2006( 11 ) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “member of a couple who cannot share a bedroom”, in paragraph (a)—

(a) in sub-paragraph (i) omit “at the higher rate in accordance with section 65(3) of the Act”;

(b) in sub-paragraph (ia) omit “at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024( 12 )”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

4. —(1)The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006( 13 ) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “member of a couple who cannot share a bedroom”, in paragraph (a)—

(a) in sub-paragraph (i) omit “at the higher rate in accordance with section 65(3) of the Act”;

(b) in sub-paragraph (ia) omit “at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024”;

(c) omit the “or” after sub-paragraph (iii);

(d) for the “and” after sub-paragraph (iv) substitute “or” ;

(e) for the “or” after sub-paragraph (iva) substitute “and” .

Amendment of the Universal Credit Regulations 2013

5. —(1)The Universal Credit Regulations 2013( 14 ) are amended as follows.

(2) In paragraph 12 (additional room) of Schedule 4 (housing costs element for renters)—

(a) for sub-paragraph (6) substitute—

“ (6) A renter satisfies the disabled child condition if they or another member of their extended benefit unit are responsible for a child who would (but for the provisions of this paragraph) be expected to share a bedroom and that child is—

(a) in receipt of—

(i) the care component of disability living allowance at the middle or highest rate; or

(ii) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations; and

(b) by virtue of their disability, not reasonably able to share a room with another child. ” ;

(b) in sub-paragraph (6A)(a)—

(i) in sub-paragraph (ii) omit “at the higher rate”;

(ii) in sub-paragraph (iia) omit “at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024”.

Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

6. —(1)The Universal Credit (Transitional Provisions) Regulations 2014( 15 ) are amended as follows.

(2) In regulation 6A (restriction on claims for housing benefit, income support or a tax credit)—

(a) after paragraph (8) insert—

“ (9) Despite anything in paragraph (6) or (7), or in the Tax Credits (Claims and Notifications) Regulations 2002 ( 16 ) , a person may not make, or be treated as making, a claim for a tax credit in respect of the whole, or any part, of the tax year beginning on 6th April 2025 or any subsequent tax year. ” ;

(b) in paragraph (9) (as inserted by sub-paragraph (a)) omit “paragraph (6) or (7), or in”.

(3) In regulation 8A (transitional housing payment)—

(a) in the opening words omit “or 46”;

(b) in paragraphs (a) and (b) omit “or 46(1)”.

(4) In regulation 11 (ongoing awards of tax credits) after paragraph (2) insert—

“ (3) This regulation applies in relation to a current tax year that ends on or before 5th April 2025 only. ” .

(5) In regulation 21 (other claimants with limited capability for work: credits only cases)—

(a) in the heading omit “: credits only cases”;

(b) for paragraph (1)(a) (but not the “and” after it) substitute—

“ (a) an award of universal credit is made to a claimant—

(i) who was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975 (“ the 1975 Regulations ”) ( 17 ) on the date on which the claim for universal credit was made or treated as made (the “relevant date”); or

(ii) who claims or is treated as claiming universal credit within the period of one month beginning with the day after the day on which an award of new-style ESA or old-style ESA ends and would have been so entitled on the relevant date but for reaching the qualifying age for state pension credit; ” .

(6) In regulation 44 (migration notice)—

(a) in paragraph (3), at the beginning insert “Subject to paragraphs (3A) and (3B),” ;

(b) in paragraph (3A), omit “But”;

(c) after paragraph (3A) insert—

“ (3B) Where a migration notice is—

(a) issued to a person who is entitled to an award of a tax credit; and

(b) issued on or after 27th January 2025 and before 6th April 2025,

the deadline day may be 6th April 2025. ” .

(7) In regulation 50 (Secretary of State to determine whether transitional protection applies) after paragraph (2) insert—

“ (3) A person who makes a claim for universal credit as a single person by virtue of regulation 3(3) of the Universal Credit Regulations is a single person for the purposes of paragraph (2)(a) and a member of a couple for the purposes of paragraph (2)(b). ” .

(8) In regulation 55 (the transitional element - initial amount and adjustment where other elements increase)—

(a) in paragraph (4)—

(i) for “paragraph (5)” substitute “paragraphs (5) and (5A)” ;

(ii) after “the first time” insert “, or included again following a change of circumstances” ;

(b) after paragraph (5) insert—

“ (5A) There is to be no “relevant increase” with respect to the inclusion of a housing costs element in a case where the claimant was entitled to an award of housing benefit in respect of specified accommodation or temporary accommodation within the month ending with the first day of the assessment period in which the housing costs element is included. ” ;

(c) in paragraph (6) after “this regulation,” insert ““housing costs element”,” .

(9) In regulation 60(1) (protection for full-time students until course completed)—

(a) for “notified person”, in the first place it occurs, substitute “person who has made a qualifying claim” ;

(b) for “on the day on which all awards of any existing benefit are to terminate as a consequence of a claim for universal credit” substitute “on the migration day” ;

(c) for “notified person”, in the second place it occurs, substitute “person” .

(10) In regulation 60B(1) (deferral of retirement pension income) before “claim” insert “qualifying” .

Amendment of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019

7. —(1)The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019( 18 ) is amended as follows.

(2) In article 3 (savings), after paragraph (9) insert—

“ (10) Paragraph (1) applies to a case of an award of a tax credit only if the period for which the award has effect ends before 6th April 2025. ” .

(3) In article 3A (tax credit closure notice)—

(a) in paragraph (3), for “paragraph (4)” substitute “paragraphs (4) and (4A)” ;

(b) after paragraph (4) insert—

“ (4A) Where the tax credit closure notice is issued on or after 27th January 2025 and before 6th April 2025, the deadline day may be 6th April 2025. ” .