The Social Security (Loss of Benefit) (Amendment) Regulations (Northern Ireland) 2016

Amendment of regulation 1A

4.—(1) Regulation 1A (disqualification period: section 5B(11) of the Act)(1) is amended in accordance with paragraphs (2) to (6).

(2) In paragraph (2)(a), at the end, insert “other than universal credit or a benefit to which paragraph (5A) applies”.

(3) After paragraph (5) insert—

“(5A) This paragraph applies where on the determination day the offender or, as the case may be, the offender’s family member is—

(a) in receipt of a sanctionable benefit which is neither payable wholly in advance nor wholly in arrears; and

(b) not in receipt of any other sanctionable benefit.”.

(4) In paragraph (6), for “neither paragraph (2) nor paragraph (4) applies” substitute “paragraph (5A) applies or where there is no sanctionable benefit payable on the determination day”.

(5) After paragraph (6) insert—

“(6A) Paragraph (6B) applies where, on the determination day, the offender or, as the case may be, the offender’s family member is in receipt of universal credit.

(6B) Where this paragraph applies, DQ-day is—

(a) if the first day after the end of the period of 28 days beginning with the determination day is the first day of an assessment period, that day;

(b) if the first day after the end of the period of 28 days beginning with the determination day is not the first day of an assessment period, the first day of the next assessment period after that day.”.

(6) In paragraph (7)—

(a) in sub-paragraph (a), after “paragraph (2)” insert “or (6A)”;

(b) in sub-paragraph (b)—

(i) for “that paragraph” substitute “those paragraphs”;

(ii) after “paragraph (3)” insert “or (6B)”.

(1)

Regulations 1A and 2 substituted by regulation 2(3) of S.R. 2011 No. 291.