Re: The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(2), 3(8)
In the old Schedule 2 it stated:
1. Where it comes to the attention of the Secretary of State that—
(c)the award of universal credit has not since terminated (whether by a claimant ceasing to meet the conditions of entitlement to universal credit or becoming, or ceasing to be, a member of a couple);…
the Secretary of State must determine an additional amount of universal credit (“the transitional SDP amount”) which is to be payable in respect of each assessment period that precedes that determination and then for each subsequent assessment period that begins before the conversion day.
In the new Schedule 2 The Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021 it doesn’t mention this.
Is it still the case that if the UC award terminated due to ceasing to be a member of a couple and the Secretary of State didn’t award TSDP as it wasn’t brought to his attention in time, no TSDP element can be awarded retrospectively?