The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) (Amendment) (No. 2) Regulations 2026
- Department: Department for Work and Pensions
- Made under: Social Security Administration Act 1992
- Applies to: England, Wales, Scotland
Extended the period during which Universal Credit claims remain active for individuals participating in government-funded wage subsidy schemes.
These Regulations amend social security claim procedures to extend the "automatic reclaim" period for Universal Credit recipients participating in government-funded employment schemes.
While standard rules terminate a benefit claim after five months of earnings exceeding the entitlement threshold, this instrument directs that the claim remains active for the entire duration of a claimant's participation in a wage subsidy scheme.
The Secretary of State, Scottish Ministers, or Welsh Ministers must fund the scheme under the Employment and Training Act 1973 for this extension to apply.
This ensures that if a claimant's earnings cease or decrease at the end of the scheme, their benefit payments can resume without requiring a new application.
Arguments For
The Explanatory Memorandum states that the extension prevents financial hardship by ensuring Universal Credit payments resume automatically if a claimant's income drops after a subsidized job ends, avoiding a five-week wait for new claim processing.
The department argues that maintaining an active claim status allows for a "streamlined customer journey," enabling Work Coaches to provide continuous employment support without the delays associated with re-registering for benefits.
The government asserts that this change is necessary for the Jobs Guarantee scheme, where approximately 80% of participants are expected to have their benefits reduced to zero due to earnings, which would otherwise terminate their claim after five months.
Proponents state that framing the legislation to cover all "funded employment schemes" under the Employment and Training Act 1973 future-proofs the regulations, removing the need for new legislation if similar wage subsidy schemes are introduced later.
Arguments Against
Legal scholars may note that the automatic reclaim is contingent on the claimant being placed on the scheme specifically by the Secretary of State, potentially excluding individuals who secure similar funded roles through other referral routes.
Administrative critics might argue that the reliance on manual or automated identification of scheme participants by the Department for Work and Pensions could lead to errors where claims are closed prematurely if the participant is not correctly flagged.
The Social Security Advisory Committee was not formally consulted on the specific impacts, as the Secretary of State utilized an exemption under the Social Security Administration Act 1992.
Policy analysts might question the lack of a full Impact Assessment, as the department's claim of "no significant impact" on the public sector does not account for the long-term administrative costs of monitoring these extended claim periods.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) (Amendment) (No. 2) Regulations 2026 and come into force on 22nd September 2026.
(2) These Regulations extend to England and Wales and Scotland.
This section establishes the official name of the regulations and sets the commencement date for the new rules as 22 September 2026.
It specifies that the legal changes apply to the jurisdictions of England, Wales, and Scotland.
Amendment of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013
2 After regulation 32A(2) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 insert—
"(3) Where, in the month that would otherwise be the fifth month for the purposes of paragraph (2), the claimant (or either of joint claimants) is a participant in a funded employment scheme, having been placed on such scheme by the Secretary of State, the maximum of 5 months referred to in that paragraph is to be extended up to and including the first month in which the claimant is not (or in the case of joint claimants neither of them is) a participant in the scheme.
(4) In this regulation "funded employment scheme" means a scheme under which the wages of the claimant are funded, in whole or in part, pursuant to arrangements by the Secretary of State or Scottish or Welsh Ministers under section 2(1) of the Employment and Training Act 1973.".
This section modifies existing benefit rules to allow for longer periods of 'nil entitlement' without a claim being closed.
Normally, a Universal Credit claim is treated as active for only five months after earnings make the claimant ineligible for payment; these paragraphs extend that period for the entire duration of a claimant's participation in a government-subsidized work program.
It defines a 'funded employment scheme' as any program where wages are paid for by central or devolved governments under specific employment and training laws.
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