Written statement HCWS745 on 7 June 2018 , which preceded the Court judgment of 14 June, set out our plans to make provision for claimants already in receipt of Universal Credit, to receive a Severe Disability Premium backdated.<\/p>
<\/strong><\/p> The \u2018Universal Credit (Managed Migration) Amendment Regulations 2018\u2019, which contain these provisions, were laid in Parliament on 5 November 2018 and will now be scrutinised and voted on by Parliament.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4014", "label" : {"_value" : "Biography information for Sir Alok Sharma"}
}
, "answeringMemberConstituency" : {"_value" : "Reading West"}
, "answeringMemberPrinted" : {"_value" : "Alok Sharma"}
, "dateOfAnswer" : {"_value" : "2018-11-12", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2018-11-12T18:08:45.973Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "29"}
, "answeringDeptShortName" : {"_value" : "Work and Pensions"}
, "answeringDeptSortName" : {"_value" : "Work and Pensions"}
, "date" : {"_value" : "2018-11-05", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Universal Credit"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Work and Pensions, if she will set out the timeframe for implementing her Department's response to the court judgement of June 2018 on the payment of Severe Disability Premium to claimants who are already in receipt of Universal Credit.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4268", "label" : {"_value" : "Biography information for Steve Reed"}
}
, "tablingMemberConstituency" : {"_value" : "Croydon North"}
, "tablingMemberPrinted" : [{"_value" : "Mr Steve Reed"}
], "uin" : "188119"}
, {"_about" : "http://data.parliament.uk/resources/1001922", "AnsweringBody" : [{"_value" : "Department for Work and Pensions"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1001922/answer", "answerText" : {"_value" : " Welfare claimants whose circumstances remain the same will not see their benefit entitlement reduced as a direct result of being moved on to Universal Credit through managed migration, as they will receive transitional protection. This will ensure that claimants who are managed migrated will have total entitlement to Universal Credit that is at least as great had been their total entitlement to existing benefits at the point they are migrated, so safeguarding their benefit entitlement until their circumstances change.<\/p> <\/p> Claimants whose entitlement is less in Universal Credit than their legacy entitlement will receive transitional protection to ensure their benefit allowance remains the same at the point of transition. The other claimants who are migrated onto Universal Credit as part of managed migration will receive the same or an increased entitlement as they receive on legacy benefits.<\/p> <\/p> Additionally, we have announced that Tax Credits claimants with capital in excess of the £16,000 capital threshold will now receive a 12-month grace period during which they can receive transitional protection if eligible.<\/p> <\/p> We have also announced that, from 16 January 2019, we will prevent those claimants who are, or have been within the past month entitled to an award of an existing benefit that includes a Severe Disability Premium (SDP), from naturally migrating to Universal Credit following a change of circumstances. These claimants will continue to receive the relevant legacy benefit(s) appropriate to their change of circumstance and will only move to Universal Credit via managed migration (and therefore be eligible to transitional protection), safeguarding their existing benefit entitlement.<\/p> <\/p> We will also provide both an on-going monthly payment to eligible claimants who have already lost the SDP as a consequence of moving to Universal Credit and an additional monthly payment to cover the period since they moved. Eligibility for these payments will depend on a number of criteria being satisfied, which include whether the basic qualifying conditions for SDP continue to be met.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4014", "label" : {"_value" : "Biography information for Sir Alok Sharma"}
}
, "answeringMemberConstituency" : {"_value" : "Reading West"}
, "answeringMemberPrinted" : {"_value" : "Alok Sharma"}
, "dateOfAnswer" : {"_value" : "2018-11-16", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2018-11-16T14:33:47.083Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "29"}
, "answeringDeptShortName" : {"_value" : "Work and Pensions"}
, "answeringDeptSortName" : {"_value" : "Work and Pensions"}
, "date" : {"_value" : "2018-11-05", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Universal Credit"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
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], "questionText" : "To ask the Secretary of State for Work and Pensions, what steps the Government is taking to ensure that a claimant will not receive less money in benefits as a result of moving to universal credit under the managed migration process.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4479", "label" : {"_value" : "Biography information for Nick Thomas-Symonds"}
}
, "tablingMemberConstituency" : {"_value" : "Torfaen"}
, "tablingMemberPrinted" : [{"_value" : "Nick Thomas-Symonds"}
], "uin" : "188120"}
, {"_about" : "http://data.parliament.uk/resources/1002002", "AnsweringBody" : [{"_value" : "Department for Work and Pensions"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1002002/answer", "answerText" : {"_value" : " When a couple separates and still require the support of Universal Credit they will claim separately and as such the two claimants will be treated as entirely separate claims and will have their entitlements and therefore award amounts treated accordingly.<\/p> <\/p> If an advance has been awarded to a couple and the couple subsequently separate, they will be equally liable to repay the advance.<\/p> <\/p> When a couple separates, and an advance has not been recovered from the associated benefit claim because the claim ends or there was no entitlement to that benefit, the outstanding balance is treated as if it were an overpayment. This would then be recoverable (as per Section 71 of the Social Security Administration Act 1992) at the standard overpayment rate.<\/p> <\/strong><\/p> After separation, if a couple have an overpayment for which they are both equally liable, the debt is apportioned equally. Once this apportionment has been done we will not reverse the split liability decision. Any debt for which only one member of a couple is liable will follow that person on separation.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4014", "label" : {"_value" : "Biography information for Sir Alok Sharma"}
}
, "answeringMemberConstituency" : {"_value" : "Reading West"}
, "answeringMemberPrinted" : {"_value" : "Alok Sharma"}
, "dateOfAnswer" : {"_value" : "2018-11-16", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : [{"_value" : "188013"}
, {"_value" : "188014"}
], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2018-11-16T14:20:06.583Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "29"}
, "answeringDeptShortName" : {"_value" : "Work and Pensions"}
, "answeringDeptSortName" : {"_value" : "Work and Pensions"}
, "date" : {"_value" : "2018-11-05", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Universal Credit: Separation"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
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], "questionText" : "To ask the Secretary of State for Work and Pensions, whether there is provision in place to equalise universal credit entitlement when a couple separates.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/410", "label" : {"_value" : "Biography information for Jon Trickett"}
}
, "tablingMemberConstituency" : {"_value" : "Hemsworth"}
, "tablingMemberPrinted" : [{"_value" : "Jon Trickett"}
], "uin" : "188012"}
, {"_about" : "http://data.parliament.uk/resources/1002003", "AnsweringBody" : [{"_value" : "Department for Work and Pensions"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1002003/answer", "answerText" : {"_value" : " When a couple separates and still require the support of Universal Credit they will claim separately and as such the two claimants will be treated as entirely separate claims and will have their entitlements and therefore award amounts treated accordingly.<\/p> <\/p> If an advance has been awarded to a couple and the couple subsequently separate, they will be equally liable to repay the advance.<\/p> <\/p> When a couple separates, and an advance has not been recovered from the associated benefit claim because the claim ends or there was no entitlement to that benefit, the outstanding balance is treated as if it were an overpayment. This would then be recoverable (as per Section 71 of the Social Security Administration Act 1992) at the standard overpayment rate.<\/p> <\/strong><\/p> After separation, if a couple have an overpayment for which they are both equally liable, the debt is apportioned equally. Once this apportionment has been done we will not reverse the split liability decision. Any debt for which only one member of a couple is liable will follow that person on separation.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4014", "label" : {"_value" : "Biography information for Sir Alok Sharma"}
}
, "answeringMemberConstituency" : {"_value" : "Reading West"}
, "answeringMemberPrinted" : {"_value" : "Alok Sharma"}
, "dateOfAnswer" : {"_value" : "2018-11-16", "_datatype" : "dateTime"}
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, "questionFirstAnswered" : [{"_value" : "2018-11-16T14:20:06.63Z", "_datatype" : "dateTime"}
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, "answeringDeptId" : {"_value" : "29"}
, "answeringDeptShortName" : {"_value" : "Work and Pensions"}
, "answeringDeptSortName" : {"_value" : "Work and Pensions"}
, "date" : {"_value" : "2018-11-05", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Universal Credit: Separation"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
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], "questionText" : "To ask the Secretary of State for Work and Pensions, what steps her Department takes to ensure that there is a fair division when recovering advance payments when a couple separate.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/410", "label" : {"_value" : "Biography information for Jon Trickett"}
}
, "tablingMemberConstituency" : {"_value" : "Hemsworth"}
, "tablingMemberPrinted" : [{"_value" : "Jon Trickett"}
], "uin" : "188013"}
, {"_about" : "http://data.parliament.uk/resources/1002004", "AnsweringBody" : [{"_value" : "Department for Work and Pensions"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1002004/answer", "answerText" : {"_value" : " When a couple separates and still require the support of Universal Credit they will claim separately and as such the two claimants will be treated as entirely separate claims and will have their entitlements and therefore award amounts treated accordingly.<\/p> <\/p> If an advance has been awarded to a couple and the couple subsequently separate, they will be equally liable to repay the advance.<\/p> <\/p> When a couple separates, and an advance has not been recovered from the associated benefit claim because the claim ends or there was no entitlement to that benefit, the outstanding balance is treated as if it were an overpayment. This would then be recoverable (as per Section 71 of the Social Security Administration Act 1992) at the standard overpayment rate.<\/p> <\/strong><\/p> After separation, if a couple have an overpayment for which they are both equally liable, the debt is apportioned equally. Once this apportionment has been done we will not reverse the split liability decision. Any debt for which only one member of a couple is liable will follow that person on separation.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4014", "label" : {"_value" : "Biography information for Sir Alok Sharma"}
}
, "answeringMemberConstituency" : {"_value" : "Reading West"}
, "answeringMemberPrinted" : {"_value" : "Alok Sharma"}
, "dateOfAnswer" : {"_value" : "2018-11-16", "_datatype" : "dateTime"}
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, {"_value" : "188013"}
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, "answeringDeptId" : {"_value" : "29"}
, "answeringDeptShortName" : {"_value" : "Work and Pensions"}
, "answeringDeptSortName" : {"_value" : "Work and Pensions"}
, "date" : {"_value" : "2018-11-05", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Universal Credit: Separation"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
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], "questionText" : "To ask the Secretary of State for Work and Pensions, whether her Department take steps to ensures that the remaining claimant of universal credit is not held fully responsible for unpaid advance payments when a couple separates.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/410", "label" : {"_value" : "Biography information for Jon Trickett"}
}
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, "tablingMemberPrinted" : [{"_value" : "Jon Trickett"}
], "uin" : "188014"}
, {"_about" : "http://data.parliament.uk/resources/1000260", "AnsweringBody" : [{"_value" : "Department for Work and Pensions"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1000260/answer", "answerText" : {"_value" : " The taper is the rate at which Universal Credit is reduced to take account of earnings. It is specifically for in work claimants and linked to earnings to incentivise work, and those in work to earn more. Universal Credit has a single taper of 63 per cent so payments reduce in a transparent and predictable way as earnings increase. Universal Credit is a means tested benefit, and income other than earnings, such as pensions, is taken fully into account in the assessment of Universal Credit. This is consistent with how legacy means tested benefits such as Employment and Support Allowance, Jobseeker\u2019s Allowance and Income Support treat pension income. Therefore it would not be consistent to extend the earnings taper to pensions income and doing so would also undermine the incentives to work for people of working age.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4014", "label" : {"_value" : "Biography information for Sir Alok Sharma"}
}
, "answeringMemberConstituency" : {"_value" : "Reading West"}
, "answeringMemberPrinted" : {"_value" : "Alok Sharma"}
, "dateOfAnswer" : {"_value" : "2018-11-12", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2018-11-12T18:05:06.27Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "29"}
, "answeringDeptShortName" : {"_value" : "Work and Pensions"}
, "answeringDeptSortName" : {"_value" : "Work and Pensions"}
, "date" : {"_value" : "2018-11-02", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Universal Credit"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Work and Pensions, for what reason the taper that is applied to wages is not applied to pensions in relation to universal credit.", "registeredInterest" : {"_value" : "true", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4243", "label" : {"_value" : "Biography information for Dan Jarvis"}
}
, "tablingMemberConstituency" : {"_value" : "Barnsley Central"}
, "tablingMemberPrinted" : [{"_value" : "Dan Jarvis"}
], "uin" : "187333"}
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