Made and laid on 9 April 2026, the Universal Credit, Personal Independence Payment and Employment and Support Allowance (Amendment) Regulations 2026 (SI 2026/395) take effect on 30 April 2026. The instrument amends the 2013 regulations for Universal Credit (UC), Personal Independence Payment (PIP) and Employment and Support Allowance (ESA), applying across Great Britain.
The measure sets a straightforward rule: undertaking paid or voluntary work, by itself, will not trigger a reassessment of entitlement for UC, PIP or ESA. The Department presents this as part of a ‘Right to Try’ approach intended to give claimants confidence to test work without risking an immediate review; the Social Security Advisory Committee (SSAC) notes that this largely codifies existing practice and extends clarity to volunteering. (gov.uk)
For Universal Credit, regulation 41 of the Universal Credit Regulations 2013 is amended so that doing work for payment, in expectation of payment, or doing voluntary work is not a ‘relevant change of circumstances’ for deciding whether to carry out a fresh assessment of limited capability for work or for work‑related activity.
For Employment and Support Allowance, matching amendments to regulations 15 and 30 of the Employment and Support Allowance Regulations 2013 confirm that paid or voluntary work is not, on its own, a ‘relevant change of circumstances’ for reassessing limited capability for work or work‑related activity.
For Personal Independence Payment, regulation 11 of the Social Security (Personal Independence Payment) Regulations 2013 gains a new paragraph making clear that paid or voluntary work is not, by itself, a reason for a fresh determination of a claimant’s ability to carry out daily living or mobility activities.
The SSAC has taken the regulations on formal reference under section 172(1) of the Social Security Administration Act 1992. In its letter to the Minister for Social Security and Disability, the Committee welcomed the intent but asked for clearer parameters on how work‑related activities short of taking up employment will be treated and how messaging to claimants will avoid over‑promising. (gov.uk)
Operationally, the change means work coaches and decision makers should not open a new Work Capability Assessment or initiate a PIP review solely because a claimant starts a job or a volunteering role. Scheduled reviews continue as normal, and claimants must still report material changes in how their condition affects daily living or mobility. PIP remains non‑means‑tested, and UC awards will continue to adjust with earnings under existing work allowances and tapers.
For advisers and frontline services, the immediate actions are to update client materials, reinforce that starting work or volunteering is not a reassessment trigger, and separate advice on reporting health changes from advice on employment. Where reassessment is proposed on the basis of work alone, practitioners should request the decision rationale and cite SI 2026/395 and the amended provisions.