The Welfare Reform (Northern Ireland) Order 2015

Basic conditionsN.I.
This section has no associated Explanatory Memorandum

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.

Modifications etc. (not altering text)

C1Art. 9(1)(a) modified (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), regs. 1, 12(1)

C2Art. 9(1)(a) modified (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), regs. 1, 8(1)

C3Art. 9(1)(d) excluded (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), regs. 1, 14

C4Art. 9(1)(e) modified (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), regs. 1, 15(1)

Commencement Information

I1Art. 9 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I2Art. 9 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I3Art. 9 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I4Art. 9 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I5Art. 9 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

I6Art. 9 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 3 (with art. 6)

I7Art. 9 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(1)-(3) (with art. 2(4)(11))

I8Art. 9 in operation at 30.3.2022 in so far as not already in operation by S.R. 2022/132, art. 3 (with arts. 4, 5, Sch.)