Temporary reforms to employment and support allowance and universal credit to support claimants during the coronavirus outbreak

New statutory instrument introduces measures announced in Budget 2020, including removal of waiting days, treating affected claimants as having limited capability for work, and changes to the minimum income floor

New legislation has been issued that introduces temporary reforms to employment and support allowance (ESA) and universal credit to support claimants during the coronavirus (COVID-19) outbreak.

In force from 13 March 2020, the Employment and Support Allowance and Universal Credit (Coronavirus Disease) Regulations 2020 (SI.No.289/2020) make provision for those claiming or entitled to ESA and/or universal credit who are infected or contaminated with coronavirus, self-isolating, or caring for a child or qualifying young person who falls into either of those categories, to provide additional support to help with the financial impacts arising from the coronavirus outbreak.

In particular, the regulations enable the Secretary of State to exercise discretion to -

• remove waiting days in ESA claims;
• determine that when claiming ESA and/or universal credit, affected claimants are treated as having limited capability for work (LCW) without the requirement for any medical evidence or having to undergo a work capability assessment; and
• suspend the minimum income floor for self-employed universal credit claimants treated as having LCW as a result of coronavirus, and to extend the suspension period after a claimant ceases to be treated as having LCW because of coronavirus.

NB - the regulations expire eight months after coming into force.

SI.No.289/2020 is available from legislation.gov.uk