The Welfare Reform (Northern Ireland) Order 2015

General N.I.

Capability for work or work-related activity N.I.

43.—(1) For the purposes of this Part a claimant has limited capability for work if—

(a) the claimant's capability for work is limited by his or her physical or mental condition, and

(b) the limitation is such that it is not reasonable to require the claimant to work.

(2) For the purposes of this Part a claimant has limited capability for work-related activity if—

(a) the claimant's capability for work-related activity is limited by his or her physical or mental condition, and

(b) the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.

(3) The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.

(4) Regulations under this Article must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.

(5) Regulations under this Article may for the purposes of an assessment—

(a) require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);

(b) require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.

(6) Regulations under this Article may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.

(7) Regulations under paragraph (6) may provide for a claimant who fails to comply with a requirement imposed under paragraph (5) without a good reason to be treated as not having limited capability for work or work-related activity.

(8) Regulations under paragraph (6) may provide for a claimant to be treated as having limited capability for work until—

(a) it has been determined whether or not that is the case, or

(b) the claimant is under any other provision of regulations under paragraph (6) treated as not having it.

(9) Regulations under this Article may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under paragraph (6) as having limited capability for work or work-related activity.

Commencement Information

I1 Art. 43 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

I2 Art. 43 in operation at 27.9.2017 in so far as not already in operation by S.R. 2017/190, art. 4(1)(2)(c)

Information N.I.

44.  Information supplied under Chapter 2 or Article 43 is to be taken for all purposes to be information relating to social security.

Commencement Information

I3 Art. 44 in operation at 27.9.2017 by S.R. 2017/190, art. 4(1)(2)(d)

Couples N.I.

45.— [F1 (1) In this Part “couple” means—

(a) two people who are married to, or civil partners of, each other and are members of the same household, or

(b) two people who are not married to, or civil partners of, each other but are living together as if spouses of each other.]

(3) For the purposes of this Article regulations may prescribe—

(a) circumstances in which the fact that two persons are husband and wife or are civil partners is to be disregarded;

(b) circumstances in which [F2 two people] are to be treated as living together [F3 as if spouses of each other];

(c) circumstances in which people are to be treated as being or not being members of the same household.

Textual Amendments

F1 Art. 45(1) substituted for art. 45(1)(2) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 74(2)(a) (with regs. 6-9)

F2 Words in art. 45(3)(b) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 74(2)(b)(i) (with regs. 6-9)

F3 Words in art. 45(3)(b) substituted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 74(2)(b)(ii) (with regs. 6-9)

Commencement Information

I4 Art. 45 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

I5 Art. 45 in operation at 27.9.2017 in so far as not already in operation by S.R. 2017/190, art. 4(1)(2)(e)

Interpretation of Part 2 N.I.

46.  In this Part—

“assessment period” has the meaning given by Article 12(2);

“child” means a person under the age of 16;

“claim” means claim for universal credit;

“claimant” means a single claimant or each of joint claimants;

“couple” has the meaning given by Article 45;

“disabled” has such meaning as may be prescribed;

“joint claimants” means members of a couple who jointly make a claim or in relation to whom an award of universal credit is made;

“limited capability for work” and “limited capability for work-related activity” are to be construed in accordance with Article 43(1) and (2);

“qualifying young person” has the meaning given in Article 15(5);

“regular and substantial caring responsibilities” has such meaning as may be prescribed;

“responsible carer”, in relation to a child, has the meaning given in Article 24(6);

“severely disabled” has such meaning as may be prescribed;

“single claimant” means a single person who makes a claim for universal credit or in relation to whom an award of universal credit is made as a single person;

“single person” is to be construed in accordance with Article 6(2)(a);

“work” has such meaning as may be prescribed;

“work availability requirement” has the meaning given by Article 23(1);

“work preparation requirement” has the meaning given by Article 21(1);

“work search requirement” has the meaning given by Article 22(1);

“work-focused interview requirement” has the meaning given by Article 20(1);

“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

“work-related requirement” has the meaning given by Article 18(2).

Commencement Information

I6 Art. 46 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

I7 Art. 46 in operation at 27.9.2017 in so far as not already in operation by S.R. 2017/190, art. 4(1)(2)(f)