The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

Deductions from benefits

18.—(1) This regulation applies where—

(a) an award of universal credit is made to a claimant who—

(i) was entitled to income-based jobseeker’s allowance, income-related employment and support allowance or income support (a “relevant award”) on the date on which the claim for universal credit was made or treated as made,

(ii) is a new claimant partner who was, immediately before forming a couple with a person entitled to universal credit, the partner of a person (“P”) who was at that time entitled to a relevant award, or

(iii) is not a new claimant partner and was, immediately before making a claim for universal credit, the partner of a person (“P”) who was at that time entitled to a relevant award, where the award of universal credit is not a joint award to the claimant and P; and

(b) on the relevant date, deductions in respect of fuel costs or water charges were being made under regulation 34A of the Claims and Payments Regulations 1987, in accordance with Schedule 8A to those Regulations(1).

(2) In this regulation, the “relevant date” means—

(a) where paragraph (1)(a)(i) applies and the claimant is not a new claimant partner, the date on which the claim for universal credit was made;

(b) where paragraph (1)(a)(i) applies and the claimant is a new claimant partner, the date on which the claim for universal credit was treated as made; or

(c) where paragraph (1)(a)(ii) or (iii) applies, the date on which the claimant ceased to be the partner of P.

(3) Where this regulation applies, deductions in respect of fuel costs or, as the case may be, water charges, may be made from the award of universal credit in accordance with Schedule 5 to the Claims and Payments Regulations, without the need for any consent which would otherwise be required under paragraph 3(3) of that Schedule.

(4) For the purposes of this regulation a deduction is to be taken into account even if the relevant award subsequently terminated by virtue of an order made under Article 2(2) of the Order, regulation 5 or as the case may be, regulation 6, before the date on which the deduction was first applied.

(1)

Regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by regulation 7(b) of S.R. 1988 No. 141, regulation 3(7) of S.R. 1988 No. 369, regulation 3 of S.R. 1992 No. 271 and regulation 2(2) of S.R. 2001 No. 22. Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67.