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The Welfare Reform (Northern Ireland) Order 2015

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The Welfare Reform (Northern Ireland) Order 2015, Cross Heading: Claimant responsibilities for interim period is up to date with all changes known to be in force on or before 21 July 2018. 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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  • specified provision(s) amendment to earlier commencing SR 2016/46, art. 5(a) by S.R. 2016/166 art. 3

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Commencement Orders

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Commencement Orders bringing legislation that affects this Order into force:

Claimant responsibilities for interim periodN.I.

Claimant commitment for employment and support allowanceN.I.

60.—(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.

(2) In section 1(3) (employment and support allowance) after paragraph (a) insert—

(aa)has accepted a claimant commitment,.

(3) [F1After section 1B (as inserted by Article 58) insert—

1C.    Claimant commitment

(1) For the purposes of this Part a “claimant commitment” is a record of the claimant's responsibilities in relation to an award of an employment and support allowance.

(2) A claimant commitment is to be prepared by the Department or the Department for Employment and Learning and may be reviewed and updated as that department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a)any prescribed information, and

(b)any other information the Department or the Department for Employment and Learning considers it appropriate to include.

(5) For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

(6) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(3)(aa).]

(4) [F2In section 15(2)(b) (directions about work-related activity) for the words from “by” to “14” substitute “ in such manner as the Department or the Department for Employment and Learning thinks fit ”.]

(5) [F3In section 16(1) (contracting out) before paragraph (a) insert—

(za)any function under section 1C in relation to a claimant commitment;.]

(6) In Schedule 2 (supplementary provisions) after paragraph 4 insert—

ExemptionN.I.

4A.  Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.

(7) In section 25(2) of the Welfare Reform Act (Northern Ireland) 2010 (action plans: well-being of children), in subsection (5) inserted into section 14 of the Welfare Reform Act (Northern Ireland) 2007—

(a)after “preparing any” insert “ claimant commitment or ”;

(b)after “action plan,” insert “ the Department or ”.

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Amendments (Textual)

F1Art. 60(3)-(5) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

F2Art. 60(3)-(5) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

F3Art. 60(3)-(5) repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I1Art. 60 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(3)(b)

I2Art. 60(1)(2) in operation at 27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation by S.R. 2017/190, art. 9 (with arts. 10-25)

Work experience etc.N.I.

61.  [F4In section 13 of the Welfare Reform Act (Northern Ireland) 2007 (work-related activity), after subsection (7) insert—

(8) The reference to activity in subsection (7) includes work experience or a work placement.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Art. 61 repealed (27.9.2017 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 12 Pt. 5; S.R. 2017/190, art. 9 (with arts. 10-25)

Commencement Information

I3Art. 61 in operation at 27.9.2017 by S.R. 2017/190, art. 3(1)(2)(d)

Hardship paymentsN.I.

62.  After section 16 of the Welfare Reform Act (Northern Ireland) 2007 insert—

16A.    Hardship payments

(1) Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—

(a)the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and

(b)the person is or will be in hardship.

(2) Regulations under this section may in particular make provision as to—

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

(b)matters to be taken into account in determining whether a person is or will be in hardship;

(c)requirements or conditions to be met by a person in order to receive hardship payments;

(d)the amount or rate of hardship payments;

(e)the period for which hardship payments may be made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Art. 62 in operation at 1.6.2016 by S.R. 2016/234, art. 2(2)(b)

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