Reg 25 and 31

Sue wrote: Bro 58, can i ask a question. In the other post you mention.....

My comments regarding UC engulfing IR ESA, and 28/10/13 applies to all of the : ESA Regs 2013

can you explain what you mean by that and can you specify where I can get info regarding Reg 25 and 31 replacing 29 and 35 under UC

there is information in various campaigning stating that 29 and 35 don't now exist so I'm 1] challenging the misinformation 2] what to understand myself


thank you

The Universal Credit is replacing a number of income related benefits such as ESA(IR), JSA(IR), Income Support and many more.

To enable claimants to be assessed for the sickness elements of UC, the Government have included many of the Regulations used for ESA in the UC legislation, which is where these new Regs. have come from.

The important point is that they only apply to claimants who are being transferred to, or making a new claim for UC, something that will not happen until October at the earliest, anybody currently (10 May 2013), receiving or making a new claim for ESA is processed using the current (old?) legislation for ESA.

Any site that is saying any different, clearly does not understand how the legislation is working, the key element is Regulation 1(3)

(3) They apply in relation to a particular case on any day on which section 33(1)(b) of the Welfare Reform Act 2012(1) (abolition of income-related employment and support allowance) is in force and applies in relation to that case.

The Welfare Reform Act is the underlying legislation that enables Universal Credit, the underline phrase means that they only apply in relation to UC.

Gordon