The Welfare Reform (Northern Ireland) Order 2015

PART 1 N.I. General

Citation N.I.

1.  This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015.

Commencement N.I.

2.—(1) Part 1 comes into force on the day after the day on which this Order is made.

(2) The remaining provisions of this Order come into force on such day or days as the Department may by order appoint.

(3) An order under paragraph (2) may appoint different days for different areas in relation to—

(a) any provision of Part 2 (universal credit) or of Part 1 of Schedule 12;

(b) Article 66 or 67 (entitlement to work: jobseeker's allowance and employment and support allowance);

(c) Article 107 (consideration of revision before appeal).

(4) An order under paragraph (2) may make such transitory or transitional provision, or savings, as the Department considers necessary or expedient.

Extent N.I.

3.—(1) This Order extends to Northern Ireland, subject to paragraph (2).

(2) An amendment, repeal or revocation by this Order has the same extent as the provision to which it relates.

Transitory provision N.I.

4.—(1) Until such date as the Secretary of State may by order made by statutory instrument appoint, a function conferred on a Northern Ireland department to make regulations or an order under—

(a) this Order [F1 or the Welfare Reform and Work (Northern Ireland) Order 2016] , is to be exercised by the Secretary of State rather than by the Northern Ireland department;

(b) any other statutory provision relating to social security or child support maintenance in Northern Ireland, may be exercised by the Secretary of State (as well as by the Northern Ireland department otherwise entitled to exercise the function).

(2) Paragraph (1)(a) does not apply to regulations under Article 135 (discretionary support) or 137 (payments to persons suffering financial disadvantage) [F2 or Article 137A (payments to persons affected by social sector size criteria in calculation of universal credit or housing benefit)] [F3 or Article 137B (cost of work allowance)] .

(3) The following requirements do not apply to regulations or an order made by the Secretary of State by virtue of paragraph (1)(a) or (b).

(4) The requirements are—

(a) the regulations are, or the order is, subject to negative resolution or affirmative resolution;

(b) the regulations are, or the order is, subject to the confirmatory procedure (as defined in Article 49(5));

(c) the regulations or order may not be made unless a draft has been laid before, and approved by a resolution of, the Assembly;

(d) the regulations are, or the order is, to be made with the consent or approval of, or in conjunction with, a Northern Ireland department.

(5) Statutory rules made by the Secretary of State by virtue of paragraph (1)(a) or (b) are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.

(6) Sub-paragraph (5) does not apply to an order under Article 2(2) [F4 or under Article 2(1) of the Welfare Reform and Work (Northern Ireland) Order 2016] .

(7) A statutory instrument which contains an order under paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) An order made by statutory instrument under paragraph (1) may contain consequential, transitory or transitional provisions or savings.

Textual Amendments

F1 Words in art. 4(1)(a) inserted (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(a), 4(2)(a)

F2 Words in art. 4(2) added (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(d), 19(3)

F3 Words in art. 4(2) added (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(d), 20(3)

F4 Words in art. 4(6) added (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(a), 4(2)(b)

General interpretation N.I.

5.  In this Order—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“the Department” means the Department for Social Development;

“the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Department;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.