Ministerial determinations relating to Universal Credit
Published 29 October 2018
Applies to England, Scotland and Wales
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Secretary of State Determination under Regulation 5 of The Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015 [2024 Determination]
The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of universal credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015(1).
The “temporary de minimis period” is the period during which “the relevant threshold” for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(2) is £2,500 rather than £300.
Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2025.
Jo Churchill MP
Minister for Employment
Department for Work and Pensions
22 February 2024
(1) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(2) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended
What the determination means
This determination extends the temporary ‘de minimis’ period until 31 March 2025. This means that monthly earnings of more than £2,500 over the amount where your Universal Credit payment stops, will be treated as ‘surplus earnings’. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings.
Secretary of State Determination under Regulation 5 of The Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015 [2023 Determination]
The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of universal credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015(a).
The “temporary de minimis period” is the period during which “the relevant threshold” for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is £2,500 rather than £300.
Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2024.
Guy Opperman MP
Minister for Employment
Department for Work and Pensions
20 March 2023
(a) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(b) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended
What the determination means
This determination extends the temporary ‘de minimis’ period until 31 March 2024. This means that monthly earnings of more than £2,500 over the amount where your Universal Credit payment stops, will be treated as ‘surplus earnings’. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings.
Secretary of State Determination under Regulation 5 of The Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015 [2022 Determination]
The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of universal credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015(a).
The “temporary de minimis period” is the period during which “the relevant threshold” for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is £2,500 rather than £300.
Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self-Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2023.
Minister for Welfare Delivery: David Rutley MP
Department for Work and Pensions
3 March 2022
(a) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(b) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended
What the determination means
This determination extends the temporary ‘de minimis’ period until 31 March 2023. This means that monthly earnings of more than £2,500 over the amount where your Universal Credit payment stops, will be treated as ‘surplus earnings’. Your surplus earnings will be carried forward to the following month, where they will count towards your earnings.
Secretary of State determination of the day for conversion of transitional Severe Disability Premium (SDP) payments
The Secretary of State for Work and Pensions makes the following determination for the purposes of paragraphs 5 and 8 of Schedule 2 (claimants previously entitled to a severe disability premium: transitional payments) to the Universal Credit (Transitional Provisions) Regulations 2014.(a)
Having regard to the efficient administration of universal credit, the Secretary of State determines that the conversion day is:
(a) 8 October 2020 in relation to any award of Universal Credit where the amount of a transitional SDP payment has been determined on or before that day; and
(b) in any other case, the day on which the amount of that payment is determined.
Signed by authority of the Secretary of State for Work and Pensions
Justin Tomlinson MP, Minister for Disabled People
Department for Work and Pensions
21 September 2020
(a) S.I. 2014/1230 – Schedule 2 was inserted by S.I. 2019/1152. Paragraph 5 provides for the amount of a transitional SDP payment determined under that Schedule to be included in the calculation of an award of Universal Credit in the first assessment period to begin on or after the conversion day, as if it were the initial amount of a transitional element. Paragraph 8 provides for the conversion day to be determined by the Secretary of State having regard to the efficient administration of Universal Credit.
Secretary of State Determination under Regulation 5 of the Universal Credit (Surpluses and Self Employed Losses) (Digital Service) Amendment Regulations 2015 [2021 Determination]
The Secretary of State for Work and Pensions considers it necessary, in order to safeguard the efficient administration of Universal Credit, to extend the temporary de minimis period in accordance with regulation 5(2) of the Universal Credit (Surpluses and Self Employed Losses) (Digital Service) Amendment Regulations 2015.(a)
The ‘temporary de minimis period’ is the period during which ‘the relevant threshold’ for the purposes of calculating surplus earnings under Regulation 54A of the Universal Credit Regulations 2013(b) is £2,500 rather than £300.
Therefore, in exercise of the power conferred by paragraph (2) of Regulation 5 of the Universal Credit (Surpluses and Self Employed Losses) (Digital Service) Amendment Regulations 2015, the Secretary of State determines that the temporary de minimis period is extended and will end on 31 March 2022.
Will Quince MP, Minister for Welfare Delivery
Department for Work and Pensions
23 March 2021
(a) Sl 2015/345 – Regulation 5 was inserted by Sl 2018/65
(b) Sl 2013/376 – Regulation 54A was inserted by Sl 2015/345, as amended
Determination for the purposes of regulations 39 and 40 of the Universal Credit (Transitional Provisions) Regulations 2014
The ‘interim period’ during which no claim may be made for Universal Credit by a person who is responsible for more than 2 children or qualifying young persons has been extended and will now end on 31 January 2019. The date was changed by the Minister for Employment on 25 October 2018 on behalf of the Secretary of State, in a determination made under Regulation 39(2) of the Universal Credit (Transitional Provisions) Regulations 2014.
The determination supersedes the original date of 31 October 2018 set out in Regulation 39(2) and the extension is considered necessary in order to protect the efficient administration of Universal Credit. Copies of the determination are available on request.