Citation, commencement and extent

1.—(1) These Regulations may be cited as the Universal Credit (Transitional Provisions) (Amendment) Regulations 2026 and come into force on 29th January 2026.

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

Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

2.—(1) The Universal Credit (Transitional Provisions) Regulations 2014(4) are amended as follows.

(2) In regulation 44 (migration notice)—

(a)in paragraph (3) for “and (3B)” substitute “, (3B) and (3E)”;

(b)after paragraph (3B) insert—

“(3C) Paragraph (3E) applies where—

(a)a migration notice is issued to a claimant who is entitled to an award of income-based jobseeker’s allowance, income-related employment and support allowance or income support, and

(b)the deadline day specified in the notice would be after the appointed day for section 33(1)(a), (b) or (c) of the Act to come into force in relation to the award.

(3D) Paragraph (3E) also applies where—

(a)a migration notice is issued to a claimant who is entitled to an award of housing benefit but not to an award of a benefit to which paragraph (3C)(a) refers, and

(b)the deadline day specified in the notice would be after the appointed day for section 33(1)(d) of the Act to come into force in relation to the award.

(3E) Where this paragraph applies, the deadline day may be the appointed day.

(3F) In paragraphs (3C) and (3D), the ‘appointed day’ in relation to an award is a day specified in an order made under section 150(3) of the Act which is not dependent on the making of a claim for universal credit, ignoring any provision in the order that has the effect that the appointed day does not apply when the day that would otherwise be the appointed day falls within a run-on period.

(3G) In paragraph (3F)—

(a)a reference to a claim for universal credit includes a reference to an award of universal credit made without a claim where an order under section 150(3) of the Act provides for that award to result in the appointment of a day for the coming into force of section 33(1)(a) or (b) in relation to the case of the award(5), and

(b)‘run-on period’ means the two-week period mentioned in regulation 8(2A) or 46(1)(a) or in regulation 5(1) of the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019(6).”.

(3) After regulation 63 (claimants previously entitled to a severe disability premium) insert—

Claimants who have lost certain transitional protection because of error

63A.—(1) Paragraph (2) applies to a person who—

(a)made a qualifying claim that did not result in an award because the Secretary of State could not verify their identity,

(b)despite the qualifying claim, continued to receive old style ESA, and

(c)has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Secretary of State notified them that they could do so for the purposes of this sub-paragraph.

(2) The Secretary may, for the purposes of regulation 19(1)(a) or 20(1)(a), treat the person as having been entitled to old style ESA on the date on which the subsequent claim was made or treated as made.

(3) Paragraph (4) applies to a person who—

(a)made a qualifying claim that did not result in an award because the Secretary of State could not verify their identity,

(b)despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included a severe disability premium, and

(c)has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Secretary of State notified them that they could do so for the purposes of this sub-paragraph.

(4) The Secretary may, for the purposes of paragraph 3(a) of Schedule 2, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium within the month immediately preceding the first day of the award of universal credit.

(5) Paragraph (6) applies to a person who—

(a)made a qualifying claim that did not result in an award because the Secretary of State could not verify their identity,

(b)despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included an enhanced disability premium, a disability premium or a disabled child premium, and

(c)has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Secretary of State notified them that they could do so for the purposes of this sub-paragraph.

(6) The Secretary may—

(a)for the purposes of paragraph 4(a) of Schedule 3, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included an enhanced disability premium,

(b)for the purposes of paragraph 4(b) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disability premium, and

(c)for the purposes of paragraph 4(c) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disabled child premium,

within the month immediately preceding the first day of the award of universal credit.”.