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The Welfare Reform (Northern Ireland) Order 2015

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Changes over time for: Cross Heading: Entitlement

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The Welfare Reform (Northern Ireland) Order 2015, Cross Heading: Entitlement is up to date with all changes known to be in force on or before 05 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Part 2 Chapter 1 Crossheading Entitlement:

  • specified provision(s) amendment to earlier commencing S.R. 2009/4 by S.R. 2019/107 art. 2
  • specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/4 art. 5
  • specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/7 art. 3
  • specified provision(s) amendment to earlier commencing S.R. 2017/216 by S.R. 2018/1 art. 7
  • specified provision(s) amendment to earlier commencing SR 2016/46, art. 5(a) by S.R. 2016/166 art. 3

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

EntitlementN.I.

EntitlementN.I.

8.—(1) A single claimant is entitled to universal credit if the claimant meets—

(a)the basic conditions, and

(b)the financial conditions for a single claimant.

(2) Joint claimants are jointly entitled to universal credit if—

(a)each of them meets the basic conditions, and

(b)they meet the financial conditions for joint claimants.

Commencement Information

I1Art. 8 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I2Art. 8 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)

I3Art. 8 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I4Art. 8 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

Basic conditionsN.I.

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

I5Art. 9 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I6Art. 9 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I7Art. 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)

I8Art. 9 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I9Art. 9 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

Financial conditionsN.I.

10.—(1) For the purposes of Article 8, the financial conditions for a single claimant are that—

(a)the claimant's capital, or a prescribed part of it, is not greater than a prescribed amount, and

(b)the claimant's income is such that, if the claimant were entitled to universal credit, the amount payable would not be less than any prescribed minimum.

(2) For those purposes, the financial conditions for joint claimants are that—

(a)their combined capital, or a prescribed part of it, is not greater than a prescribed amount, and

(b)their combined income is such that, if they were entitled to universal credit, the amount payable would not be less than any prescribed minimum.

Commencement Information

I10Art. 10 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I11Art. 10 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I12Art. 10 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)

I13Art. 10 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I14Art. 10 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

Restrictions on entitlementN.I.

11.—(1) Entitlement to universal credit does not arise—

(a)in prescribed circumstances (even though the requirements in Article 8 are met);

(b)if the requirements in Article 8 are met for a period shorter than a prescribed period;

(c)for a prescribed period at the beginning of a period during which those requirements are met.

(2) A period prescribed under paragraph (1)(b) or (c) may not exceed 7 days.

(3) Regulations may provide for exceptions to paragraph (1)(b) or (c).

Commencement Information

I15Art. 11 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I16Art. 11 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I17Art. 11 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)

I18Art. 11 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I19Art. 11 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

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