The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

PART 1

GENERAL

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 and come into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016(1).

(2) The Interpretation Act (Northern Ireland) 1954(2) applies to these Regulations as it applies to an Act of the Assembly.

PART 2AMENDMENTS OF ENABLING LEGISLATION

Amendment of the Maintenance Orders Act

2. In section 12(1)(d) of the Maintenance Orders Act 1950(3) (contributions under enactments relating to children, national assistance and welfare services) after “income support” insert “or universal credit”.

Amendment of the Employment (Miscellaneous Provisions) Order

3. In Article 10(4) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 (power to exempt discrimination in favour of lone parents in connection with training)(4)—

(a)before sub-paragraph (a) insert—

“(za)“couple” has the meaning given by Article 45(1) of the Welfare Reform (Northern Ireland) Order 2015”, and

(b)for sub-paragraph (b) substitute—

“(b)“lone parent” means a person who—

(i)is not a member of a couple, and

(ii)is responsible for, and a member of the same household, as a child;”.

Amendment of the Social Security Contributions and Benefits Act

4.—(1) Section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (carer’s allowance)(5) is amended in accordance with paragraphs (2) and (3).

(2) In subsection (7)—

(a)for “be entitled for the same day to such an allowance” substitute “have a relevant entitlement for the same day”; and

(b)for “shall be entitled” in the second place that it appears, substitute “shall have that entitlement”.

(3) After subsection (7) insert—

“(7A) For the purposes of subsection (7) a person has a “relevant entitlement” if—

(a)the person is entitled to a carer’s allowance, or

(b)the person is entitled under Article 17 of the Welfare Reform (Northern Ireland) Order 2015(6) to the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person.”.

Amendment of the Value Added Tax Act

5.—(1) The Value Added Tax Act 1994(7) is amended in accordance with paragraphs (2) and (3).

(2) In Note 6 to Group 3 in Part 2 of Schedule 7A (charge at reduced rate; meaning of qualifying person for the purposes of Group 3), in paragraph (2)(i), after “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

(3) In Note (1D) to Group 15 in Part 2 of Schedule 8 (zero-rating) in paragraph (g) after “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Children Order

6. In Article 24(3) of the Children (Northern Ireland) Order 1995 (recoupment of cost of providing services, etc.)(8) for “or of an income-related employment and support allowance” substitute “, of an income-related employment and support allowance or of universal credit”.

Amendment of the Jobseekers Order

7. In paragraph 2 of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995 (supplementary provisions: limited capability for work)(9)—

(a)at the end of sub-paragraph (1) insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015 as the Department considers appropriate in the person’s case”; and

(b)after sub-paragraph (2) insert—

“(3) References in Part 2 of the Welfare Reform (Northern Ireland) Order 2015 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.”.

Amendment of the Road Traffic Order

8. In Article 25(2)(b) of the Road Traffic (Northern Ireland) Order 1995 (payments in respect of applicants for exemption from wearing seat belts)(10) after “those in receipt of” insert “universal credit,”.

Amendment of the Industrial Tribunals Order

9.—(1) The Industrial Tribunals (Northern Ireland) Order 1996(11) is amended in accordance with paragraphs (2) to (4).

(2) In Article 18 (power to provide for recoupment of benefits) in the following provisions before “jobseeker’s allowance” insert “universal credit,”—

(a)paragraph (3)(a), (b) and (c); and

(b)paragraph (4)(e).

(3) In Article 18(4)(cc)(12) before “a jobseeker’s allowance” insert “universal credit,”.

(4) In Article 19 (recoupment: further provisions)—

(a)in the introductory words in paragraph (1) and in sub-paragraph (b) of that paragraph before “jobseeker’s allowance” insert “universal credit,”; and

(b)after paragraph (5)(13) insert—

“(6) In this Article and Article 18 “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

Amendment of the Data Protection Act

10. In paragraph 3 of the Table in section 56(6) of the Data Protection Act 1998 (prohibition of requirement as to production of certain records)(14) for “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007” substitute “, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Welfare Reform and Pensions Order

11. In Article 69(3) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (supply of information for certain purposes)(15)—

(a)after sub-paragraph (c) omit “or”;

(b)at the end of sub-paragraph (d) for “.” substitute “, or”; and

(c)after sub-paragraph (d) insert—

“(e)Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

Amendment of the Income Tax (Earnings and Pensions) Act

12.—(1) The Income Tax (Earnings and Pensions) Act 2003(16) is amended in accordance with paragraphs (2) and (3).

(2) In section 318D(2) (childcare: power to vary exempt amount and qualifying conditions) after “or section 12 of the Welfare Reform Act 2012” insert “or Article 17 of the Welfare Reform (Northern Ireland) Order 2015”.

(3) In section 675(2) (interpretation)(17)—

(a)omit the definitions of “contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance”;

(b)in the appropriate places insert—

““contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant satisfying conditions which include those set out in Article 4 of the JS(NI)O 1995;”; and

““income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant satisfying conditions which include those set out in Article 5 of the JS(NI)O 1995 or a joint-claim jobseeker’s allowance (which means a jobseeker’s allowance entitlement to which arises by virtue of Article 3(2B) of the JS(NI)O 1995);”.

Amendment of the Housing (Northern Ireland) Order

13.—(1) The Housing (Northern Ireland) Order 2003(18) is amended in accordance with paragraphs (2) to (4).

(2) In Article 37(3) (ineligible applicants), after “housing benefit,” insert “universal credit,”.

(3) In Article 94(10) (persons eligible to participate in group repair scheme), after “housing benefit,” insert “universal credit,”.

(4) In Article 109(3) (power to make further provisions by regulations), after “housing benefit,” insert “universal credit,”.

Amendment of the Gender Recognition (Application Fees) Order

14. In paragraph 1(1) of the Schedule to the Gender Recognition (Application Fees) Order 2006(19) in sub-paragraph (o) of the definition of “excluded benefits”, after “2013” insert “or the Universal Credit Regulations (Northern Ireland) 2016”.

Amendment of the Private Tenancies Order

15. In Article 54 of the Private Tenancies (Northern Ireland) Order 2006(20) (amounts attributable to services) after “Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7)” insert “or to assist the Department in the administration of universal credit”.

Amendment of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order

16.—(1) The Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006(21) is amended in accordance with paragraphs (2) to (5).

(2) For Article 10(4)(b) (severe disablement occupational allowance)(22) substitute—

“(b)an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from those provisions.”.

(3) In Article 15(2)(b)(iii) (allowance for lowered standard of occupation)(23)—

(a)at the end of sub-paragraph (cc) omit “or”;

(b)at the end of sub-paragraph (dd) insert “or”; and

(c)after sub-paragraph (dd) insert—

“(ee)an award of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that the member has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.”.

(4) In Article 50(3) (payment of public claims out of pensions)(24)—

(a)at the end of sub-paragraph (ab) omit “or”; and

(b)after sub-paragraph (ab) insert—

“(ac)universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015; or”.

(5) In Article 56(3) (abatement of awards in respect of social security benefits)(25)—

(a)at the end of sub-paragraph (i) add “;”; and

(b)after sub-paragraph (i) add—

“(j)the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015.”

PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 1SOCIAL SECURITY BENEFITS

Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations

17.—(1) The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations (Northern Ireland) 1975(26) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation)(27)—

(a)omit the definition of “contributory employment and support allowance”; and

(b)after the definition of “the determining authority” insert—

““employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”.

(3) In the title of regulation 3 (modifications, in relation to widows, of provisions with respect to unemployment and short-term incapacity benefit, contributory employment and support allowance, maternity allowance and Category A retirement pension) and in paragraphs (1)(a) and (b) and (5)(a) and (b) of that regulation omit “contributory” in each place it occurs.

Amendment of the Social Security (Benefit) (Members of the Forces) Regulations

18.—(1) The Social Security (Benefit) (Members of the Forces) Regulations 1975(28) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3 (unemployment benefit)—

(a)in paragraph (1) (discharge or dismissal in consequence of conviction)(29) after “(higher level sanctions)” insert “or Article 31 of the Welfare Reform (Northern Ireland) Order 2015 (higher level sanctions)”; and

(b)in paragraph (3) (evidence of dismissal)(30) after “Welfare Reform Act 2012” insert “or under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

(3) In regulation 5 (application of the Act, the Northern Ireland Act and regulations)(31) after “Welfare Reform Act 2012 and regulations made under it,” insert “or of Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and regulations made under it,”.

Amendment of the Social Security (Mariners’ Benefits) Regulations

19.—(1) The Social Security (Mariners’ Benefits) Regulations (Northern Ireland) 1975(32) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)(33)—

(a)after the definition of “British ship” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”;

(b)for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and

(c)after the definition of “mariner” insert—

““new style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance;”.

(3) In regulation 2 (days in periods of paid leave not to be treated as days of unemployment)(34), in the words after sub-paragraph (d), after “that period of leave” insert “and, in relation to new style JSA, shall not be regarded as entitled to a jobseeker’s allowance for any day in that period”.

(4) After regulation 6(1) (special provisions relating to days of unemployment etc.)(35) insert—

“(1A) In relation to new style JSA, a mariner or share fisherman employed as such on board any ship or vessel shall be treated as complying with the work-related requirements referred to in Article 8(2) of the Jobseekers (Northern Ireland) Order 1995 during any period when he is absent from Northern Ireland if he would comply with those requirements but for the fact that he is absent from Northern Ireland.”.

Amendment of the Social Security (Medical Evidence) Regulations

20. In regulation 1 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (interpretation)(36)—

(a)in paragraph (2)(37)—

(i)for the definition of “limited capability for work” substitute—

““limited capability for work” has the meaning—

(a)

for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act (Northern Ireland) 2007; and

(b)

for the purposes of universal credit, given in Article 43 of the Welfare Reform (Northern Ireland) Order 2015;”, and

(ii)for the definition of “limited capability for work assessment” substitute—

““limited capability for work assessment” means the assessment of whether a person has limited capability for work—

(a)

for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008,

(b)

for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016,

(c)

for the purposes of universal credit, under Part 5 of the Universal Credit Regulations (Northern Ireland) 2016;”,

(b)after paragraph (4) insert—

“(5) For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—

(a)“old style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance; and

(b)“new style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance.”.

Amendment of the Social Security (Invalid Care Allowance) Regulations

21.—(1) Regulation 7 of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person where, but for section 70(7) of the Contributions and Benefits Act, more than one person would be entitled to an invalid care allowance in respect of that severely disabled person)(38) is amended in accordance with paragraphs (2) to (4).

(2) In paragraph (1)—

(a)for “be entitled for the same day to a carer’s allowance” substitute “have a relevant entitlement for the same day”;

(b)for “shall be entitled” substitute “shall have that entitlement”;

(c)for “be entitled to a carer’s allowance” substitute “have a relevant entitlement”; and

(d)for “to be entitled” substitute “to have that entitlement”.

(3) In paragraph (2)—

(a)for “entitlement to carer’s allowance” substitute “a relevant entitlement”; and

(b)after “a carer’s allowance” insert “or the carer element of universal credit”.

(4) After paragraph (2) insert—

“(3) In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.”.

Amendment of the Social Security Benefit (Persons Abroad) Regulations

22. In regulation 1(2) of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (interpretation)(39) after the definition of “former principal Act” insert—

““jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”.

Amendment of the Social Security (Overlapping Benefits) Regulations

23. In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 (interpretation)(40)—

(a)after the definition of “child benefit” insert—

““contribution-based jobseekers allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has affect apart from those provisions;”,

(b)after the definition of “contributory benefit” insert—

(c)after the definition of “the enhanced rate”(41) insert—

““income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Order;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”; and

(d)in the definition of “personal benefit”(42), after the words “dependency benefit” insert “ or universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

24. In regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 (days to be treated as days of increment)(43)—

(a)in paragraph (1)(e)—

(i)at the end of paragraph (iii) omit “or”,

(ii)at the end of paragraph (iv) insert “or”, and

(iii)after paragraph (iv) insert—

“(v)universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”;

(b)in paragraph (2)(b)(ii) omit “contribution-based”; and

(c)for paragraph (5) substitute—

“(5) In this regulation—

(a)in paragraph (1) “couple” has the meaning—

(i)apart from in relation to universal credit, given by section 133(1) of the Contributions and Benefits Act (interpretation of Part VII and supplementary provisions);

(ii)in relation to universal credit, given by Article 45 of the Welfare Reform (Northern Ireland) Order 2015 (couples);

(b)in paragraph (2) “jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions; and

(c)“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

Amendment of the Social Security (General Benefit) Regulations

25. In regulation 9 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984 (payments of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments)(44)—

(a)in paragraph (5A)(a), (b) and (c) omit “contribution-based” in each place it occurs;

(b)in paragraph (5B)(a) and (c) omit “contribution-based” in each place it occurs;

(c)in paragraphs (5C) and (5D) omit “contribution-based” in each place it occurs; and

(d)after paragraph (5D) insert—

“(5E) In this regulation “jobseeker’s allowance” means an allowance under the Jobseekers Order (Northern Ireland) 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions.”.

Amendment of the Income Support (General) Regulations

26.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(45) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation)(46)—

(a)after the definition of “concessionary payment” insert—

(b)for the definition of “contributory employment and support allowance” substitute—

(c)after the definition of “unemployment benefit” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) In regulation 14(2) (persons of a prescribed description)(47)—

(a)at the end of sub-paragraph (c) omit “or”;

(b)at the end of sub-paragraph (d) insert “or”; and

(c)after sub-paragraph (d) insert—

“(e)entitled to universal credit.”.

(4) In regulation 31(2) (date on which income is treated as paid)(48)—

(a)for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and

(b)for “on the day of the benefit week” substitute “on any day”.

(5) In regulation 40(6)(c) (calculation of income other than earnings)(49) after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act(50) as the case may be”.

(6) In regulation 75(b) (modifications in the calculation of income)(51) for “or employment and support allowance” substitute “, employment and support allowance or universal credit”.

(7) In paragraph 13 (severe disability premium) of Schedule 2 (applicable amounts)(52)—

(a)in sub-paragraph (2)(a)(iii) after “the Contributions and Benefits Act” insert “or has an award of universal credit which includes the carer element”;

(b)in the closing words of sub-paragraph (2)(b)—

(i)after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”, and

(ii)after “such an allowance” insert “or has such an award of universal credit”;

(c)in sub-paragraph (3ZA)(53) after “carer’s allowance” insert “or universal credit which includes the carer element”;

(d)in sub-paragraph (3A)(b)(54)—

(i)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”, and

(ii)after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;

(e)in sub-paragraph (5)—

(i)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”, and

(ii)after “that allowance” insert “or had such an award”; and

(f)after sub-paragraph (5) insert—

“(6) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(8) In Schedule 3 (housing costs)(55)—

(a)in paragraph 1(3)(56)—

(i)at the end of paragraph (c) omit “or”;

(ii)at the end of paragraph (d) insert “or”, and

(iii)after paragraph (d) insert—

“(e)who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.”; and

(b)in paragraph 18 (non-dependant deductions)—

(i)at the end of sub-paragraph (7)(g)(ii) omit “or”;

(ii)at the end of sub-paragraph (7)(i)(57) for “.” Substitute “; or”; and

(iii)after sub-paragraph (7)(i) insert—

“(j)if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income.”, and

(iv)after sub-paragraph (8)(58) insert—

“(9) For the purposes of sub-paragraph (7)(j) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(9) In paragraph 7 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)(59)—

(a)at the end of sub-paragraph (c) omit “or”;

(b)at the end of sub-paragraph (d) for “.” substitute “; or”; and

(c)after sub-paragraph (d) insert—

“(e)universal credit.”.

(10) In paragraph 7 of Schedule 10 (capital to be disregarded)—

(a)in sub-paragraph (1)

(ii)after paragraph (c) insert—

“(d)universal credit,”; and

(b)in sub-paragraph (3)(60)—

(i)for “or of an income-based jobseeker’s allowance”, in both places where it occurs, substitute “, an income-based jobseeker’s allowance or universal credit”,

(ii)in paragraph (a) for “either of” substitute “of any of”,

(iii)in paragraph (b) for “either” substitute “any”,

(iv)at the end of paragraph (b)(iii) insert “or” , and

(v)after paragraph (b)(iii) insert—

“(iv)in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.”.

Amendment of the Social Security (Claims and Payments) Regulations

27.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(61) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation)(62) after the definition of “State Pension Credit Regulations” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) In regulation 16A(2) (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate)(63)—

(a)in sub-paragraph (a) after “income support,” insert “universal credit,”; and

(b)in sub-paragraph (b) after income-based jobseeker’s allowance” insert “or universal credit”.

Amendment of the Jobseeker’s Allowance Regulations

28.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(64) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 1 (citation, commencement and interpretation)—

(a)for the heading substitute “citation, commencement, interpretation and application”;

(b)after paragraph (1) insert—

“(1A) These Regulations do not apply to a particular case on any day on which Article 39(1)(a) of the Welfare Reform (Northern Ireland) Order 2015 (abolition of income-based jobseeker’s allowance) is in operation and applies in relation to that case.”; and

(c)in paragraph (2)—

(i)after the definition of “the Contributions Regulations” insert–

(ii)after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) At the end of regulation 76(2)(e) (persons of a prescribed description)(65) insert—

“; or

(f)entitled to universal credit.”.

(4) In regulation 96(2) (date on which income is treated as paid)(66)—

(a)for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and

(b)for “the day of the benefit week” substitute “any day”.

(5) In regulation 103(5B)(c) (calculation of income other than earnings)(67) after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act as the case may be”.

(6) In regulation 153(b) (modification in the calculation of income)(68) after “the Benefits Act” insert “, universal credit”.

(7) In Schedule 1 (applicable amounts)(69)—

(a)in paragraph 15 (severe disability premium)—

(i)in sub-paragraph (1)(c) after “Benefits Act” insert “or has an award of universal credit which includes the carer element”,

(ii)in sub-paragraph (2)(d) after “Benefits Act”, in both places it occurs, insert “or has an award of universal credit which includes the carer element”,

(iii)in sub-paragraph (5)(b)—

(aa)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and

(bb)after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”,

(iv)in sub-paragraph (7) after “carer’s allowance” insert “or universal credit which includes the carer element”,

(v)in sub-paragraph (9)—

(aa)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and

(bb)after “that allowance” insert “or had such an award”, and

(vi)after sub-paragraph (9) insert—

“(10) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”;

(b)in paragraph 20I (severe disability premium – joint claim couples)(70)—

(i)in sub-paragraph (1)(d) after “Benefits Act”, in both places it occurs, insert “or has an award of universal credit which includes the carer element”,

(ii)in sub-paragraph (4)(b)—

(aa)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and

(bb)after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;

(iii)in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”,

(iv)in sub-paragraph (7)—

(aa)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and

(bb)after “that allowance” insert “or had such an award”; and

(v)after sub-paragraph (7) insert—

“(8) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(8) In Schedule 2 (housing costs)—

(a)in paragraph 1(3)—

(i)at the end of paragraph (d) for “, or” substitute “;”;

(ii)at the end of paragraph (e)(71) for “.” Substitute “; or”, and

(iii)after paragraph (e) insert—

“(f)who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.”; and

(b)in paragraph 17—

(i)at the end of sub-paragraph (7)(h) omit “or”;

(ii)at the end of sub-paragraph (7)(i)(72) for “.” substitute “; or”,

(iii)after sub-paragraph (7)(i) insert—

“(j)if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income.”, and

(iv)after sub-paragraph (8) insert—

“(9) For the purposes of sub-paragraph (7)(j) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(9) In paragraph 8 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)(73)—

(a)at the end of sub-paragraph (c) omit “or”;

(b)at the end of sub-paragraph (d) insert “or”; and

(c)after sub-paragraph (d) insert—

“(e)universal credit.”.

(10) In paragraph 12(1)(b) of Schedule 7 (capital to be disregarded)(74) after “working tax credit” insert “, universal credit”.

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

29.—(1) The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(75) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(3) (interpretation)(76) after the definition of “personal independence payment”(77) insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(3) In regulation 2 (persons not excluded from specified benefits under section 115 of the Act)—

(a)after paragraph (1) insert—

“(1A) For the purposes of entitlement to universal credit, a person falling within a category or description of persons specified in paragraphs 2, 3 and 4 of Part I of the Schedule is a person to whom section 115 of the Act does not apply.”; and

(b)in paragraph (5)—

(i)after “entitlement to” insert “universal credit,”,

(ii)for “a jobseeker’s allowance” substitute “an income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995”, and

(iii)before “employment and support allowance” insert “income-related”.

(4) In the heading to Part I of the Schedule (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999)(78) after “entitlement to” insert “universal credit,”.

Amendment of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations

30. In regulation 5(3)(b) of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations (Northern Ireland) 2002 (exclusion orders)(79) after “Benefits Act 1992,” insert “universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the State Pension Credit Regulations

31.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(80) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 1(2) (interpretation)—

(a)after the definition of “the Computation of Earnings Regulations”(81) insert—

(b)for the definition of “contributory employment and support allowance”(82) substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform (Northern Ireland) Order 2015 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”;

(c)after the definition of “the Housing Benefit (State Pension Credit) Regulations”(83) insert—

““income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers (Northern Ireland) Order 1995;”; and

(d)after the definition of “the Skipton Fund”(84) insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) In regulation 6(5)(b) (amount of the guarantee credit)(85) after “(carers allowance)” insert “, or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,”.

(4) In regulation 9(c) (qualifying income for the purposes of savings credit) omit “within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995”.

(5) In regulation 13A(1)(a) (part-weeks)(86) before “income support” insert “universal credit,”.

(6) In regulation 13B(1)(d) (date on which benefits are treated as paid)(87) omit “within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995”.

(7) In paragraph 1 of Part 1 of Schedule 1 (circumstances in which persons are treated as being or not being severely disabled)(88)—

(a)in sub-paragraph (1)(a)(iii) after the words “(carer’s allowance)” insert “, or has an award of universal credit which includes the carer element,”;

(b)in the closing words of sub-paragraph (1)(b)—

(i)after the words “under section 70 of the Contributions and Benefits Act” insert “, or has an award of universal credit which includes the carer element,”, and

(ii)after the words “such an allowance” insert “under section 70, or has an award of universal credit which includes the carer element,”;

(c)in sub-paragraph (1)(c)(iv) after the words “Contributions and Benefits Act” insert “, or has an award of universal credit which includes the carer element,”;

(d)in sub-paragraph (2)(c) after the words “Contributions and Benefits Act” insert “, or as having an award of universal credit which includes the carer element,”; and

(e)after sub-paragraph (3) insert—

“(4) For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(8) In Schedule 2 (housing costs)—

(a)at the end of paragraph 1(2)(b)(iv)(89) insert—

“or

(v)is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations;”; and

(b)in paragraph 14 (persons residing with the claimant)—

(i)at the end of sub-paragraph (7)(f) omit “or”

(ii)at the end of sub-paragraph (7)(g)(90) for “.” substitute “; or”

(iii)after sub-paragraph (7)(g) insert—

“(h)if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income.”, and

(iv)after sub-paragraph (8) insert—

“(9) For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(9) In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income)—

(a)in paragraph 20(2)(91), after paragraph (o)(92) insert—

“(p)universal credit.”; and

(b)in paragraph 20A(2)(93)—

(i)at the end of paragraph (c) omit “or”, and

(ii)at the end of paragraph (d) insert—

“or

(e)paragraph 18 of Schedule 10 to the Universal Credit Regulations (Northern Ireland) 2016,”.

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations

32. In regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005 (amount of retirement pension not included in the calculation of the lump sum)(94)—

(a)in paragraph (1)(aa)(95)—

(i)at the end of paragraph (iii) omit “or”, and

(ii)at the end of paragraph (iv) insert—

“or

(v)universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”; and

(b)for paragraph (5A)(96) substitute—

“(5A) In paragraph (1) “couple” has the meaning—

(a)in relation to universal credit, given by Article 45 of the Welfare Reform (Northern Ireland) Order 2015; and

(b)in relation to the other benefits referred to in paragraph (1)(a) or (aa), given by section 133(1) of the Contributions and Benefits Act.”.

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations

33.—(1) The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005(97) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation)—

(a)In paragraph (1)—

(i)in the definition of “family”, at the beginning of sub-paragraph (c) insert “except where the claimant is in receipt of universal credit,”,

(ii)in the definition of “partner”, at the end of sub-paragraph (b) insert “except that paragraph (b) does not apply where the claimant is in receipt of universal credit”,

(iii)after the definition of “Sure Start Maternity Grant” insert—

““universal credit” means universal credit under Part 2 of the 2015 Order;”;

(b)in paragraph (4)(b), at the beginning insert “except where the claimant is in receipt of universal credit,”.

(3) In regulation 5(2) (entitlement)(98)—

(a)at the end of sub-paragraph (e) omit “or”;

(b)at the end of sub-paragraph (f) insert “or”; and

(c)after sub-paragraph (f) insert—

“(g)universal credit.”.

(4) In regulation 7(4)(a) (funeral payments: entitlement)(99)—

(a)at the end of paragraph (vi) omit “or”;

(b)at the end of paragraph (vii) insert “or”; and

(c)after paragraph (vii) insert—

“(viii)universal credit.”.

(5) After regulation 8(2)(b) (funeral payments: supplementary)(100) insert—

“(ba)a qualifying young person under Article 15(5) of the 2015 Order (prescription of qualifying young person);”

(6) In regulation 10(1A)(101)—

(a)for sub-paragraph (g) substitute—

“(g)employment and support allowance under—

(i)Part 1 of the 2007 Act as amended by Schedule 3 and Part 1 of Schedule 2 to the 2015 Order (to remove references to an income related allowance), or

(ii)Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3 and Part of Schedule 12 to the 2015 Order;”;

(b)for sub-paragraph (o) substitute—

“(o)jobseeker’s allowance under—

(i)the 1995 Order as amended by Part 1 of Schedule 12 to the 2015 Order (to remove references to an income based allowance), or

(ii)the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order;”; and

(c)after sub-paragraph (ta)(102) insert—

“(tb)universal credit under Part 2 of the 2015 Order;”.

Amendment of the Housing Benefit Regulations

34.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(103) are amended in accordance with paragraphs (2) to (13).

(2) In regulation 2(1) (interpretation)(104)—

(a)for the definition of “contributory employment and support allowance” substitute—

(b)after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) In regulation 17(2) (persons of a prescribed description)(105)—

(a)at the end of sub-paragraph (a) omit “or”;

(b)at the end of sub-paragraph (b) insert “or”; and

(c)after sub-paragraph (b) insert—

“(c)entitled to an award of universal credit”.

(4) In regulation 25(11)(ba) and (ca) (treatment of child care charges)(106) after “Employment and Support Allowance Regulations ” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016(107)”.

(5) In regulation 37(3A) (calculation of income other than earnings)(108) after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act(109)”.

(6) In regulation 53(2)(ea) (full-time students to be treated as not liable to make payments in respect of a dwelling)(110) after “Employment and Support Allowance Regulations” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(7) In regulation 72 (non-dependant deductions)—

(a)in paragraph (8)(a) and (b)(111) after “the Welfare Reform Act (the support component and the work-related activity component)” insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and

(b)after paragraph (10) insert—

“(11) For the purposes of paragraph (8) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(8) After regulation 73F(1)(h) (exception to the benefit cap: receipt of specified benefit)(112) insert—

“(i)the claimant is receiving universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(9) In regulation 99(5) (method of recovery)(113) after “Employment and Support Allowance Regulations ” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(10) In Schedule 4 (applicable amounts)—

(a)in paragraph 14 (severe disability premium)(114)—

(i)in sub-paragraph (2)(a)(iii) after “section 70 of the Act” insert “or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,

(ii)in the closing words of sub-paragraph (2)(b)—

(aa)after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”; and

(bb)after “such an allowance” insert “or has such an award of universal credit”,

(iii)in sub-paragraph (5)(b)—

(aa)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and

(bb)after “be so entitled and in receipt” insert “or have such an award of universal credit”;

(iv)in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”, and

(v)in sub-paragraph (7)—

(aa)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and

(bb)after “that allowance” insert “or had such an award of universal credit”;

(b)in paragraph 20 (amounts of premiums specified in Part III)(115)—

(i)in sub-paragraph (6)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”; and

(ii)in sub-paragraph (6)(b)(ii) after “such an allowance” insert “or such an award of universal credit”;

(c)in paragraph 21(c)(ii) (the components) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and

(d)in paragraph 27(1)(b)(i) (transitional addition) after “Employment and Support Allowance Regulations” insert “or regulation 26 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, in either case”; and

(e)in paragraph 29(1)(c)(116) after “Employment and Support Allowance Regulations” insert “or regulation 86 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(11) In paragraph 10A(6)(a) of Schedule 5 (sums to be disregarded in the calculation of earnings)(117) after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2016”.

(12) After paragraph 8(d) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)(118) insert—

“(e)universal credit.”.

(13) After paragraph 9(1)(f) of Schedule 7 (capital to be disregarded)(119) insert—

“(g)universal credit.”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

35.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(120) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation)(121)—

(a)for the definition of “contributory employment and support allowance” substitute—

(b)after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) In regulation 17(2) (persons of a prescribed description)(122)—

(a)at the end of sub-paragraph (a) omit “or”;

(b)at the end of sub-paragraph (b) insert “or”; and

(c)after sub-paragraph (b) insert—

“(c)entitled to an award of universal credit.”.

(4) In regulation 29(11)(ba) and (ca) (treatment of child care charges)(123) after “Employment and Support Allowance Regulations ” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(5) In regulation 53 (non-dependant deductions)(124)—

(a)in paragraph (8) after “work-related activity component)” in both places it occurs insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and

(b)after paragraph (10) insert—

“(11) For the purposes of paragraph (8) “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(6) In regulation 80(5) (method of recovery)(125) after “Employment and Support Allowance Regulations” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(7) In Schedule 4 (applicable amounts)—

(a)in paragraph 6 (severe disability premium)(126)—

(i)in sub-paragraph (2)(a)(iii) after “carer’s allowance” insert “under section 70 of the Act or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,

(ii)in the closing words of sub-paragraph (2)(b)—

(aa)after “carer’s allowance” insert “or has an award of universal credit that includes the carer element”; and

(bb)after “such an allowance” insert “or has such an award of universal credit”,

(iii)in sub-paragraph (7)(b)—

(aa)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and

(bb)after “be so entitled and in receipt” insert “or have such an award of universal credit”,

(iv)in sub-paragraph (8)(a) after “carer’s allowance” insert “or an award of universal credit which includes the carer element”, and

(v)in sub-paragraph (8)(b)(127)—

(aa)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and

(bb)after “that allowance” insert “or had such an award of universal credit”.

(b)in paragraph 12 (amounts of premiums specified in Part III)(128)—

(i)in sub-paragraph (1)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,”; and

(ii)in sub-paragraph (1)(b)(ii) after “such an allowance” insert “or such an award of universal credit”.

(8) In Schedule 5 (sums disregarded from claimant’s earnings)(129)—

(a)in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and

(b)in paragraph 5A(6)(a)(130) after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(9) In paragraph 21(2) of Schedule 7 (capital to be disregarded)(131)—

(a)at the end of paragraph (l) omit “or”;

(b)at the end of paragraph (m) insert “or”; and

(c)after paragraph (m) insert—

“(n)universal credit.”.

Amendment of the Employment and Support Allowance Regulations

36.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008(132) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 1—

(a)for the heading substitute “citation, commencement and application”; and

(b)after paragraph (2) insert—

“(2A) These Regulations do not apply to a particular case on any day on which Article 39(1)(b) of the Welfare Reform (Northern Ireland) Order 2015 (abolition of income-related employment and support allowance) is in force and applies in relation to that case.”.

(3) In regulation 2(1) (interpretation)—

(a)after the definition of “confinement” insert—

(b)after the definition of “net profit” insert—

““new style ESA” means an allowance under Part 1 of the Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance;”; and

(c)after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(4) In regulation 63(5) (reduction of employment and support allowance)—

(a)after “contributory allowance” insert “including new style ESA”; and

(b)after “this regulation” insert “or section 11J of the Act respectively”.

(5) In regulation 93(2) (date on which income is treated as paid)—

(a)for “or severe disablement allowance” substitute “, severe disablement allowance or universal credit”; and

(b)for “the day of the benefit week” substitute “on any day”.

(6) In regulation 167(b) (modification in the calculation of income) after “income support” insert “, universal credit”.

(7) In paragraph 6 (severe disability premium)(133) of Schedule 4 (amounts)—

(a)in sub-paragraph (2)(a)(iii), for “a carer’s allowance under section 70 of the Contributions and Benefits Act” substitute “a carer’s allowance or has an award of universal credit which includes the carer element”;

(b)in the closing words of sub-paragraph (2)(b)—

(i)after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”, and

(ii)after “such an allowance” insert “or has such an award of universal credit”;

(c)in sub-paragraph (5)(b)—

(i)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”, and

(ii)after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;

(d)in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”;

(e)in sub-paragraph (8)—

(i)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”, and

(ii)after “that allowance” insert “or had such an award”;

(f)after sub-paragraph (9) insert—

(8) In Schedule 6 (housing costs)—

(a)in paragraph 1(3) (housing costs - meaning of disabled person)—

(i)at the end of paragraph (c) omit “or”,

(ii)at the end of paragraph (d) insert “or”, and

(iii)after paragraph (d) insert —

“(e)who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that that person has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations;”; and

(b)in paragraph 19(7) (non-dependant deductions)—

(i)at the end of paragraph (g) omit “or”,

(ii)at the end of paragraph (h) insert “or”,

(iii)after paragraph (h) insert—

“(i)if the non-dependant is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that the non-dependant does not have any earned income.”, and

(iv)after sub-paragraph (7) insert—

“(7A) For the purposes of sub-paragraph (7)(i), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(9) In paragraph 9(b) of Schedule 8, (sums to be disregarded in the calculation of income other than earnings)(134) after “income support” insert “, universal credit”.

(10) In paragraph 11 of Schedule 9 (capital to be disregarded)—

(a)in sub-paragraph (1)(b) after “income-based jobseeker’s allowance” insert “, universal credit”;

(b)in sub-paragraph (3)—

(i)in head (a) and (b) after “income support” insert “, universal credit”,

(ii)at the end of head (b)(ii) omit “or”,

(iii)at the end of head (b)(iii) for the “.” substitute “; or”, and

(iv)after head (b)(iii) insert—

“(iv)in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum”.

CHAPTER 2CHILD SUPPORT

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

37.—(1) The Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(135) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (interpretation)

(a)at the end of the definition of “relevant person” for “.” substitute “;”; and

(b)after the definition of “relevant person” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

(3) In regulation 22 (date from which a superseding decision takes effect)(136)—

(a)at the beginning of paragraphs (3), (5), (10), (12), (13) and (20) insert “Subject to paragraph (25),”;

(b)at the beginning of paragraph (1) after “paragraph (2)” insert “or (25)”;

(c)in paragraph (4) for “paragraph (19)” substitute “paragraphs (19) and (25)”; and

(d)after paragraph (24) insert—

“(25) Where a superseding decision is made under regulation 19(2) or (3) with respect to the circumstance that a parent with care or an absent parent—

(a)has been awarded universal credit on the basis that they have no earned income;

(b)was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or

(c)was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,

the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.

(26) For the purposes of paragraph (25) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

38.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(137) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)—

(a)after the definition of “claimant” insert—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has effect apart from those provisions;”; and

(b)after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.

(3) After regulation 10B (Assessable income: state pension credit paid to or in respect of a parent with care or an absent parent)(138) insert—

“Assessable income: universal credit paid to or in respect of the parent concerned

10C.—(1) The circumstances prescribed for the purpose of the reference to universal credit in sub-paragraph (4) of paragraph 5 of Schedule 1 to the Child Support (Northern Ireland) Order 1991(139) (as that paragraph has effect apart from section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000) are where the universal credit that is paid to or in respect of the parent concerned is calculated on the basis that the parent has no earned income.

(2) In paragraph (1) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(4) After paragraph 7 of Schedule 2 (amounts to be disregarded when calculating or estimating N and M) insert—

“7A. Any payment of universal credit.”.

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations

39.—(1) The Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996(140) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1 (interpretation), after the definition of “relevant person” insert—

““relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;”

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”; and”

(a)after paragraph (2) insert—

“(3) For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(3) In regulation 9 (departure directions and persons in receipt of income support etc.)(141)—

(a)in the heading to the regulation, after “jobseeker’s allowance” insert “, universal credit”;

(b)in paragraph (1)—

(i)in sub-paragraphs (a) and (c) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”, and

(ii)in sub-paragraph (b) for “or working tax credit” substitute “, working tax credit or relevant universal credit”; and

(c)in paragraph (3)—

(i)in sub-paragraphs (a) and (c) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and

(ii)in sub-paragraph (b) for “or working tax credit” substitute “, working tax credit or relevant universal credit”.

(4) In regulation 12 (meaning of “benefit” for the purposes of Article 28E of the Order)(142), for “and housing benefit” substitute “, housing benefit and relevant universal credit”.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations

40.—(1) The Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001(143) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (interpretation)(144)—

(a)after the definition of “child tax credit” insert—

(3) In regulation 4 (flat rate)(145)—

(a)in paragraph (2)—

(i)at the end of sub-paragraph (c) omit “and”,

(ii)at the end of sub-paragraph (d) insert “and”, and

(iii)after sub-paragraph (d) insert—

“(e)universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.”; and

(b)after paragraph (3) insert—

“(4) For the purposes of paragraph (2)(e) and regulation 5(d) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(4) In regulation 5(1)(d) (nil rate)(146)—

(a)at the end of paragraph (i) omit “or”;

(b)after paragraph (ii) insert—

“(iii)in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or

(iv)in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;”.

Amendment of the Child Support Maintenance Calculation Regulations

41.—(1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012(147) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2 (interpretation)—

(a)after the definition of “the Contributions and Benefits Act” insert—

(b)for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions,”.

(3) In regulation 43 (flat rate)—

(a)in paragraph (2)—

(i)at the end of paragraph (c) omit “and”, and

(ii)at the end of paragraph (d) insert “and”,

(iii)after paragraph (d) insert—

(b)after paragraph (4) insert—

“(5) For the purposes of paragraph (2)(e) and regulation 44(1)(c) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(4) In regulation 44(1)(c) (nil rate)—

(a)at the end of paragraph (i) omit “or”; and

(b)after paragraph (ii) insert—

CHAPTER 3CHILDREN

Amendment of the Adoption Allowance Regulations

42.—(1) The Adoption Allowance Regulations (Northern Ireland) 1996(148) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a)at the end of the definition of “severe disablement allowance” for “.” Substitute” “:”; and

(b)after the definition of “severe disablement allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(3) In regulation 6(5)(c) (review, variation and termination of allowances) after “qualifies for” insert “universal credit,”.

CHAPTER 4EDUCATION AND EMPLOYMENT

Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations

43.—(1) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996(149) are amended in accordance with paragraphs (2) to (7).

(2) In the title of the regulations for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

(3) In regulation 1 (citation and commencement) for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

(4) In regulation 2(1) (interpretation)(150)—

(a)in the definition of “recoupable benefit”, after “income-related employment and support allowance” insert “, universal credit”; and

(b)after the definition of “the Secretary of the Tribunals” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(5) In regulation 4(1) and (8) (duties of the industrial tribunals and of the Secretary of the Tribunals in respect of monetary awards)(151) after “income-related employment and support allowance” insert “, universal credit”.

(6) In regulation 8 (recoupment of benefit)(152)—

(a)in paragraph (1) after “income-related employment and support allowance” insert “, universal credit”;

(b)in paragraph (2)(b) at the beginning insert “(i)” and after “is attributable” insert—

“; or

(ii)in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable”;

(c)in paragraph (3)(b), at the beginning insert “(i)” and after “described in sub-paragraph (a)” insert—

“; or

(ii)in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the protected period falling before the date described in (a) above, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the protected period”; and

(d)after paragraph (11) insert—

“(12) For the purposes of paragraphs (2)(b)(ii) and (3)(b)(ii) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(7) In regulation 10(1) and (2) (provisions relating to determination of amount paid by way of or paid as on account of benefit)(153) after “income-related employment and support allowance” insert “, universal credit”.

Amendment of the Education (Student Loans) Regulations

44. In paragraph 1 of Schedule 2 to the Education (Student Loans) Regulations (Northern Ireland) 1998 (terms of loans)(154) for the definition of “disability related benefits” substitute—

““disability related benefits” means—

(a)

long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disabled person’s tax credit, all payable under the Social Security Contributions and Benefits Act 1992(155) or the Social Security Contributions and Benefits (Northern Ireland) Act 1992(156);

(b)

personal independence payment under Part 4 of the Welfare Reform Act 2012(157) or Part 5 of the Welfare Reform (Northern Ireland) Order 2015(158);

(c)

armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(159);

(d)

the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987(160)or the Income Support (General) Regulations (Northern Ireland) 1987(161);

(e)

any amount that is included in the calculation of an award of universal credit, under regulation 28(1) of the Universal Credit Regulations 2013(162) or regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016(163)(award to include LCW and LCWRA elements), in respect of the fact that the borrower has limited capability for work or limited capability for work and work-related activity; or

(f)

any other statutory disability related benefit which replaces any of those benefits and which the lender gives the borrower details;”.

Amendment of the Education (Student Support) (No. 2) Regulations

45.—(1) The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009(164) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation) after the definition of “type 3 teacher training student” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(3) In regulation 43(2) (interpretation of chapter 4)(165)—

(a)at the end of sub-paragraph (f) omit “and”;

(b)at the end of sub-paragraph (g) for “.” substitute “; and”;

(c)after sub-paragraph (g) insert—

“(h)in the case of a dependant who is entitled to an award of universal credit—

(i)any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016(166) (award to include LCW and LCWRA elements), in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity;

(ii)any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations.”.

(4) For regulation 46(3) (childcare grant)(167) substitute—

“(3) A does not qualify for a childcare grant is A or A’s partner—

(a)has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; or

(b)is entitled to an award of universal credit the calculation of which includes an amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016.”.

(5) In regulation 59(2) (qualifying conditions for the special support grant)(168)—

(a)at the end of sub-paragraph (a) omit “or”;

(b)at the end of sub-paragraph (b) insert “or”; and

(c)after sub-paragraph (b) insert—

“(c)under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home.”.

(6) In regulation 110(1)(a) (amount of support)—

(a)at the end of paragraph (ii) omit “or”; and

(b)after paragraph (iii) insert—

“or

(iv)to universal credit;”.

(7) In regulation 127(5)(a) (amount of assistance)—

(a)at the end of paragraph (ii) omit “or”; and

(b)after paragraph (iii) insert—

“or

(iv)to universal credit;”.

Amendment of the National Minimum Wage Regulations

46. In regulation 55(2)(a) of the National Minimum Wage Regulations 2015(169) (work schemes for provision of accommodation to the homeless)—

(a)in paragraph (i) after “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”;

(b)in paragraph (ii) after “Social Security Contributions and Benefits Act 1992” insert “or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”; and

(c)in paragraph (iii) after “Jobseekers Act 1995” insert “or Part II of the Jobseekers (Northern Ireland) Order 1995”.

CHAPTER 5HOUSING

Amendment of the Home Repair Assistance Grant Regulations

47.—(1) The Home Repair Assistance Grant Regulations (Northern Ireland) 2003(170) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “income support” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015(171);”.

(3) In regulation 2(1) (applications for assistance) after “pension credit,” insert “universal credit”.

(4) In paragraph 4 of Schedule 1 after “an income-based jobseeker’s allowance,” insert “universal credit,”.

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

48.—(1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004(172) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation)(173) after the definition of “training allowance” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;” and

(3) For regulation 11(2) (the applicable amount)(174) substitute—

“(2) For the purposes of paragraph (1), the weekly applicable amount as regards any of the persons listed in paragraph (3) is £1.

(3) The persons are—

(a)a relevant person who is in receipt of, and entitled to be in receipt of—

(i)income support;

(ii)income-based jobseeker’s allowance; or

(iii)universal credit;

(b)a relevant person who—

(i)is in receipt of guarantee credit; or

(ii)is a member of a couple, and the other member is in receipt of guarantee credit;

(c)subject to paragraph (5), a relevant person who has a partner, where the partner is entitled to universal credit.

(4) As regards any other relevant person, the weekly applicable amount is the amount determined in his case in accordance with regulation 15.

(5) For the purposes of paragraph (3)(c) and regulation 12(2)(b), where the relevant person and partner of that person are parties to a polygamous marriage, the fact that they are partners is disregarded if—

(a)one of them is a party to an earlier marriage that still subsists; and

(b)the other party to that earlier marriage is living in the same househould.”.

(4) In regulation 12 (financial resources)—

(a)at the beginning insert “(1)”; and

(b)at the end insert—

“(2) Subject to regulation 11(5), where a relevant person in the case of the application—

(a)is entitled to universal credit; or

(b)is not entitled to universal credit but their partner is so entitled,

then the income of that relevant person for the purposes of paragraph (1) shall be taken to be nil.”.

CHAPTER 6IMMIGRATION AND ASYLUM

Amendment of Asylum Support Regulations

49. In regulation 4(6)(a)(iv) of the Asylum Regulations 2000 (persons excluded from support)(175) after the “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Displaced Persons (Temporary Protection) Regulations

50. In regulation 14 of the Displaced Persons (Temporary Protection) Regulations 2005(176) (housing: rent liability)—

(a)in paragraph (a) from “regulation 10(1)(a) to the end substitute “regulation 13(1)(a) of the Housing Benefit Regulations (Northern Ireland) 2006, regulation 13(1)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006”;

(b)in paragraph (b) after “Universal Credit Regulations 2013” insert “or regulation 26(2) of, and paragraph 2 of Schedule 1 to, the Universal Credit Regulations (Northern Ireland) 2016”.

CHAPTER 7NATIONAL INSURANCE CONTRIBUTIONS AND CREDITS

Amendment of the Social Security (Credits) Regulations

51.—(1) The Social Security (Credits) Regulations (Northern Ireland) 1975(177) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a)before the definition of “the Act” insert—

““the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;”;

(b)for the definition of “contribution-based jobseeker’s allowance” substitute—

““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance, and a contribution-based allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”;

(c)for the definition of “contributory employment and support allowance” substitute—

““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12 to the 2015 Order that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and

(d)after the definition of “relevant past year” insert—

““universal credit” means universal credit under Part 2 of the 2015 Order;”.

(3) In regulation 7 (credits for approved training)(178)—

(a)in paragraph (1) for “(2) and (3)” substitute “(2) to (4)”; and

(b)after paragraph (3) insert—

“(4) Paragraph (1) shall not apply to a person in respect of any week in any part of which that person was entitled to universal credit.”.

(4) In regulation 8A (credits for unemployment)(179)—

(a)for paragraph (2)(b) substitute—

“(b)a week for the whole of which the person in relation to old style JSA—

(i)satisfied or was treated as having satisfied the conditions set out in Article 3(2)(a), (c) and (e) to (h) of the Jobseekers (Northern Ireland) Order 1995 (conditions for entitlement to a jobseeker’s allowance), and

(ii)satisfied the further condition specified in paragraph (3) below; or

(ba)a week for the whole of which the person in relation to new style JSA—

(i)satisfied or was treated as having satisfied the conditions set out in Article 3(2)(e) to (h) of the Jobseekers (Northern Ireland) Order 1995 (conditions for entitlement to a jobseeker’s allowance),

(ii)satisfied or was treated as having satisfied the work-related requirements under Article 8D and 8E of the Jobseekers (Northern Ireland) Order 1995 (work search and work availability requirements), and

(iii)satisfied the further condition specified in paragraph (3) below; or”;

(b)in paragraph (2)(c) after “sub-paragraph (b)” insert “or (ba)”;

(c)in paragraph (3) after “paragraph (2)(b)” insert “and (ba)”;

(d)in paragraph (3)(b) after “paragraph (2)(b)” insert “or the conditions and requirements in paragraph (2)(ba)”;

(e)for paragraph (5)(c) and (5)(cc) substitute—

“(c)a week in respect of which, in relation to the person concerned—

(i)an old style JSA was reduced in accordance with Article 21 or 21A, or regulations made under Article 21B, of the Jobseekers (Northern Ireland) Order 1995; or

(ii)a new style JSA was reduced in accordance with Article 8J or 8K of the Jobseekers (Northern Ireland) Order 1995; or”;

(f)after paragraph (5)(dd) insert—

“(de)a week where paragraph (2)(b), (ba) or (c) apply and the person concerned was entitled to universal credit for any part of that week; or”;

(g)after paragraph (5) insert—

“(6) In this regulation——

“new style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance;

“old style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance.”.

(5) In regulation 8B (credits for incapacity for work or limited capability for work)(180)—

(a)in paragraph (2) after “paragraphs” insert “(2A),”;

(b)after paragraph (2) insert—

“(2A) This regulation shall not apply to a week where—

(a)under paragraph (2)(a)(i) the person concerned was not entitled to incapacity benefit, severe disablement allowance or maternity allowance;

(b)paragraph (2)(a)(ii) or (v) apply; or

(c)under paragraph (2)(a)(iv) the person concerned was not entitled to an employment and support allowance by virtue of section 1(2)(a) of the Welfare Reform Act,

and the person concerned was entitled to universal credit for any part of that week.”.

(6) After regulation 8F (credits for the purposes of entitlement to contribution-based jobseeker’s allowance following official error) insert—

“Credits for persons entitled to universal credit

8G.—(1) For the purposes of entitlement to a benefit to which this regulation applies, a person shall be credited with a Class 3 contribution in respect of a week if that person is entitled to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 for any part of that week.

(2) This regulation applies to—

(a)a Category A retirement pension;

(b)a Category B retirement pension;

(c)a widowed parent’s allowance;

(d)a bereavement allowance.”.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations

52. In regulation 1(2) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001(181) (interpretation)—

(a)for the definition of “contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance” substitute—

(b)for the definition of “contributory employment and support allowance”(182) substitute—

(c)after the definition of “earnings factor”, insert—

““income-based jobseeker’s allowance” has the same meaning as in the Order;”.

Amendment of the Transfer of State Pensions and Benefits Regulations

53. In regulation 1(2) of the Transfer of State Pensions and Benefits Regulations 2007 (interpretation)(183) in the definition of “relevant benefit”(184)—

(a)for paragraph (ca) substitute—

“(ca)a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from those provisions;”;

(b)for paragraph (da) substitute—

“(da)employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;”.

CHAPTER 8POLICE SERVICE of NORTHERN IRELAND

Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations

54. In paragraph 1(1) of Schedule 4 to the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006(185) (reduction in child’s special allowance during full-time remunerated training etc) in the definition of “specified rate” from “applicable amount” to “1987” substitute “standard allowance included in an award of universal credit, for a single claimant aged under 25 years, as specified in regulation 38 of the Universal Credit Regulations (Northern Ireland) 2016(186)”.

Amendment of the Police Pension Regulations

55. In regulation 39(9) of the Police Pension (Northern Ireland) Regulations 2009 (calculation of child survivors’ pensions)(187) in the definition of “specified rate” from “applicable amount” to “1987” substitute “standard allowance included in an award of universal credit, for a single claimant aged under 25 years, as specified in regulation 38 of the Universal Credit Regulations (Northern Ireland) 2016”.

CHAPTER 9TAX, CHILD BENEFIT, GUARDIAN’S ALLOWANCE AND TAX CREDITS

Amendment of the Tax Credits (Administrative Arrangements) Regulations

56. In regulation 5(6)(c) of the Tax Credits (Administrative Arrangements) Regulations 2002 (recording, verification and holding, and forwarding, of claims etc. received by relevant authorities)(188) after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendments of the Child Benefit and Guardian’s Allowance (Administration) Regulations

57. In regulation 19(1)(b)(v) of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (persons who may elect to have child benefit paid weekly)(189) after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations

58. In regulation 5(8)(c) of the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations 2003 (recording, verification and holding, and forwarding, of claims etc. received by relevant authorities)(190) after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Income Tax (Pay As You Earn) Regulations

59. In regulation 148 of the Income Tax (Pay As You Earn) Regulations 2003 (interpretation of Chapters 1 and 2)(191) in the entry for “Chapter 2 claimant”, in paragraph (b)(ii) after “Jobseeker’s Allowance Regulations 2013” insert “or Jobseeker’s Allowance Regulations (Northern Ireland) 2016”.

Amendments to the Child Benefit (General) Regulations

60. In regulation 8(2)(f) of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support)(192), after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

CHAPTER 10LEGAL AID

Amendments to the Civil Legal Services (Financial) Regulations

61.—(1) The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015(193) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 5(1)—

(a)at the end of sub-paragraph (c) omit “or”;

(b)at the end of sub-paragraph (d) insert “or”; and

(c)after sub-paragraph (d) insert—

“(e)or universal credit paid under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(3) In regulation 30—

(a)in the heading after “income support” insert “or universal credit”; and

(b)in paragraph (2) after “income support” insert “or universal credit”.

Signed by authority of the Secretary of State for Work and Pensions

Freud

Minister of State,

Department for Work and Pensions

6th June 2016

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The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

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PART 1

GENERAL

Citation, commencement and interpretation

PART 2AMENDMENTS OF ENABLING LEGISLATION

Amendment of the Maintenance Orders Act

Amendment of the Employment (Miscellaneous Provisions) Order

Amendment of the Social Security Contributions and Benefits Act

Amendment of the Value Added Tax Act

Amendment of the Children Order

Amendment of the Jobseekers Order

Amendment of the Road Traffic Order

Amendment of the Industrial Tribunals Order

Amendment of the Data Protection Act

Amendment of the Welfare Reform and Pensions Order

Amendment of the Income Tax (Earnings and Pensions) Act

Amendment of the Housing (Northern Ireland) Order

Amendment of the Gender Recognition (Application Fees) Order

Amendment of the Private Tenancies Order

Amendment of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order

PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 1SOCIAL SECURITY BENEFITS

Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations

Amendment of the Social Security (Benefit) (Members of the Forces) Regulations

Amendment of the Social Security (Mariners’ Benefits) Regulations

Amendment of the Social Security (Medical Evidence) Regulations

Amendment of the Social Security (Invalid Care Allowance) Regulations

Amendment of the Social Security Benefit (Persons Abroad) Regulations

Amendment of the Social Security (Overlapping Benefits) Regulations

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

Amendment of the Social Security (General Benefit) Regulations

Amendment of the Income Support (General) Regulations

Amendment of the Social Security (Claims and Payments) Regulations

Amendment of the Jobseeker’s Allowance Regulations

Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

Amendment of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations

Amendment of the State Pension Credit Regulations

Amendment of the Social Security (Deferral of Retirement Pensions) Regulations

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations

Amendment of the Housing Benefit Regulations

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

Amendment of the Employment and Support Allowance Regulations

CHAPTER 2CHILD SUPPORT

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

“Assessable income: universal credit paid to or in respect of the parent concerned

Amendment of the Child Support Departure Direction and Consequential Amendments Regulations

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations

Amendment of the Child Support Maintenance Calculation Regulations

CHAPTER 3CHILDREN

Amendment of the Adoption Allowance Regulations

CHAPTER 4EDUCATION AND EMPLOYMENT

Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations

Amendment of the Education (Student Loans) Regulations

Amendment of the Education (Student Support) (No. 2) Regulations

Amendment of the National Minimum Wage Regulations

CHAPTER 5HOUSING

Amendment of the Home Repair Assistance Grant Regulations

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

CHAPTER 6IMMIGRATION AND ASYLUM

Amendment of Asylum Support Regulations

Amendment of the Displaced Persons (Temporary Protection) Regulations

CHAPTER 7NATIONAL INSURANCE CONTRIBUTIONS AND CREDITS

Amendment of the Social Security (Credits) Regulations

“Credits for persons entitled to universal credit

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations

Amendment of the Transfer of State Pensions and Benefits Regulations

CHAPTER 8POLICE SERVICE of NORTHERN IRELAND

Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations

Amendment of the Police Pension Regulations

CHAPTER 9TAX, CHILD BENEFIT, GUARDIAN’S ALLOWANCE AND TAX CREDITS

Amendment of the Tax Credits (Administrative Arrangements) Regulations

Amendments of the Child Benefit and Guardian’s Allowance (Administration) Regulations