The Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026
These Statutory Instruments amend regulations governing Universal Credit (UC), Personal Independence Payment (PIP), and Employment and Support Allowance (ESA) to specify that undertaking work, whether paid or voluntary, does not count as a 'relevant change of circumstances' justifying an immediate reassessment of a claimant's limited capability for work or their ability to carry out daily living/mobility activities.
Arguments For
Clarifies that undertaking paid work or voluntary work does not constitute a 'relevant change of circumstances' allowing for a reassessment of limited capability for work or limited capability for work-related activity under Universal Credit and Employment and Support Allowance (ESA).
Prevents claimants in receipt of Personal Independence Payment (PIP) from automatically triggering a fresh determination of their ability to carry out daily living or mobility activities solely because they have started working or volunteering.
Reduces administrative burden on the Department for Work and Pensions (DWP) by limiting the grounds on which reassessments for these benefits can be initiated, focusing reviews on genuine changes in health condition rather than employment status changes.
Arguments Against
May restrict the DWP's ability to promptly review benefit awards when a claimant's engagement in work might alter their underlying entitlement or support needs based on their condition, even if the condition itself hasn't changed.
Could potentially keep claimants on older assessments for longer, even if starting work indicates a significant improvement in their functional capability that regulators might otherwise wish to examine.
The regulations exclude voluntary work from triggering a review, which might be seen as inconsistent if voluntary participation inherently demonstrates an increased capacity for activity or work, even without payment.
STATUTORY INSTRUMENTS
2026 No. 395
SOCIAL SECURITY
The Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026
This identifies the statutory instrument formally, indicating it is a piece of legislation made under powers delegated by Parliament.
It is classified under Social Security and takes the reference number 2026 No. 395.
Made - - - -
at 11.00 a.m. on 9th April 2026 at 2.00 p.m. on 9th April 2026
Laid before Parliament
Coming into force - -
30th April 2026
This details the timeline of the instrument's creation, showing when it was formally made and when it was presented to Parliament.
The regulations became legally effective on April 30, 2026.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and (2), 9(1) and (2), and 25(2), (3) and (5) of the Welfare Reform Act 2007( 1 ) and sections 37(3) and (4), 42(1) to (3), 80(1) and (3), and 94(1) to (3) of the Welfare Reform Act 2012( 2 ).
This specifies the legal authority under which the Secretary of State for Work and Pensions issues these rules.
The powers are derived from specific sections of the Welfare Reform Act 2007 and the Welfare Reform Act 2012.
In accordance with section 172(1) of the Social Security Administration Act 1992( 3 ), the Secretary of State has referred the proposals in respect of these Regulations to the Social Security Advisory Committee.
Before making these regulations, the proposals were formally submitted to the Social Security Advisory Committee for review, as required by Section 172(1) of the Social Security Administration Act 1992.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026 and come into force on 30th April 2026.
- (2) Any amendment made by these Regulations has the same extent as the provision amended.
Regulation 1 establishes the official short title for this legislation.
It confirms the commencement date as April 30, 2026, and states that the geographical scope of any change made matches the scope of the original regulation being amended.
Amendment of the Universal Credit Regulations 2013
- In regulation 41 of the Universal Credit Regulations 2013 (when an assessment may be carried out)( 4 )-
- (a) in paragraph (1), for '(2)' substitute '(1A)'
- (b) after paragraph (1), insert-
'(1A) For the purposes of paragraph (1)(b), doing work for payment or in expectation of payment, or doing voluntary work, is not a relevant change of circumstances.'.
Regulation 2 updates the Universal Credit Regulations 2013 concerning when a benefit assessment can be conducted.
It modifies paragraph (1) references and inserts a new sub-paragraph (1A) stating explicitly that performing paid work or voluntary work does not count as a 'relevant change of circumstances' that would otherwise trigger a new assessment under paragraph (1)(b).
Amendment of the Social Security (Personal Independence Payment) Regulations 2013
- In regulation 11 of the Social Security (Personal Independence Payment) Regulations 2013 (re-determination of ability to carry out activities)( 5 )-
- (a) the existing provision is renumbered as paragraph (1);
- (b) in paragraph (1), for 'Where' substitute 'Subject to paragraph (2), where';
- (c) after paragraph (1) insert-
'(2) For the purposes of paragraph (1), doing work for payment or in expectation of payment, or doing voluntary work, is not a reason for a fresh determination.'.
Regulation 3 amends the PIP Regulations 2013 regarding when a claimant's ability to complete daily living or mobility activities can be re-determined.
The existing text becomes paragraph (1), which is now qualified by paragraph (2).
This new paragraph specifies that engaging in paid work or voluntary work is not a valid ground for initiating a fresh PIP determination under paragraph (1).
Amendment of the Employment and Support Allowance Regulations 2013
- -(1) The Employment and Support Allowance Regulations 2013( 6 ) are amended as follows.
(2) In regulation 15 (determination of limited capability for work) after paragraph (8), insert-
'(9) For the purposes of paragraph (8)(a), doing work for payment or in expectation of payment, or doing voluntary work, is not a relevant change of circumstances.'.
- (3) In regulation 30 (determination of limited capability for work-related activity) after paragraph (5), insert-
'(5A) For the purposes of paragraph (5)(a), doing work for payment or in expectation of payment, or doing voluntary work, is not a relevant change of circumstances.'.
Regulation 4 revises the ESA Regulations 2013 regarding the determination of limited capability for work and work-related activity.
Sub-regulation (2) adds a new paragraph (9) to Regulation 15, ensuring that paid or voluntary work is excluded when determining if a 'relevant change of circumstances' exists for general limited capability for work assessments (under paragraph (8)(a)).
Sub-regulation (3) adds a new paragraph (5A) to Regulation 30, applying the same exclusion to assessments for limited capability for work-related activity (under paragraph (5)(a)).
Signed by authority of the Secretary of State for Work and Pensions at 11.00 a.m. on 9th April 2026
Stephen Timms Minister of State Department for Work and Pensions
This constitutes the formal signature block, confirming that Stephen Timms, acting as Minister of State for the Department for Work and Pensions, authorized the regulations on April 9, 2026.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Universal Credit Regulations 2013 (S.I. 2013/376) ('the UC Regulations 2013'), the Social Security (Personal Independence Payment) Regulations 2013 (S.I. 2013/377) ('the PIP Regulations 2013') and the Employment and Support Allowance Regulations 2013 (S.I. 2013/379) ('the ESA Regulations 2013').
Regulations 2 and 4 amend regulation 41 of the UC Regulations 2013 and regulations 15 and 30 of the ESA Regulations 2013 respectively, which make provision for assessments to be carried out to determine if a person has limited capability for work or limited capability for work-related activity. Where there has been a previous determination, an assessment may be carried out if the Secretary of State wishes to determine if there has been a relevant change of circumstances in relation to the claimant's physical or mental condition. New paragraphs are inserted into those regulations making it clear that doing work for payment or in expectation of payment, or doing voluntary work, is not a relevant change of circumstances for that purpose.
Regulation 3 amends regulation 11 of the PIP Regulations 2013, which makes provision for fresh assessments to be carried out to re-determine if a claimant continues to have limited ability or severely limited ability to carry out either or both daily living activities or mobility activities in accordance with regulation 4. Regulation 11 gives the Secretary of State the power to do this for any reason and at any time. A new paragraph (2) is inserted which provides that doing work for payment or in expectation of payment, or doing voluntary work, will not be a reason for that purpose.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies that the instrument modifies three key pieces of social security legislation: UC, PIP, and ESA Regulations of 2013.
For UC and ESA regulations concerning limited capability for work, the amendments prevent starting paid or voluntary work from qualifying as a change that necessitates a reassessment.
Similarly, for PIP, the amendments prevent undertaking paid or voluntary work from being used as a basis for initiating a fresh determination regarding a claimant's ongoing limited ability for daily living or mobility activities.
The note also states that a full impact assessment was deemed unnecessary.
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