The Welfare Reform (Northern Ireland) Order 2015

Basic conditions

9.—(1) For the purposes of Article 8, a person meets the basic conditions who—

(a) is at least 18 years old,

(b) has not reached the qualifying age for state pension credit,

(c) is in Northern Ireland,

(d) is not receiving education, and

(e) has accepted a claimant commitment.

(2) Regulations may provide for exceptions to the requirement to meet any of the basic conditions (and, for joint claimants, may provide for an exception for one or both).

(3) For the basic condition in paragraph (1)(a) regulations may specify a different minimum age for prescribed cases.

(4) For the basic condition in paragraph (1)(b) the qualifying age for state pension credit is that referred to in section 1(6) of the State Pension Credit Act (Northern Ireland) 2002.

(5) For the basic condition in paragraph (1)(c) regulations may—

(a) specify circumstances in which a person is to be treated as being or not being in Northern Ireland;

(b) specify circumstances in which temporary absence from Northern Ireland is disregarded;

(c) modify the application of this Part in relation to a person not in Northern Ireland who is by virtue of sub-paragraph (b) entitled to universal credit.

(6) For the basic condition in paragraph (1)(d) regulations may—

(a) specify what “receiving education” means;

(b) specify circumstances in which a person is to be treated as receiving or not receiving education.

(7) For the basic condition in paragraph (1)(e) regulations may specify circumstances in which a person is to be treated as having accepted or not accepted a claimant commitment.