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The Universal Credit Regulations (Northern Ireland) 2016

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Restrictions on entitlement

Restrictions on entitlement – prisoners etc.

19.—(1) Entitlement to universal credit does not arise where a person is—

(a)a member of a religious order who is fully maintained by their order,

(b)a prisoner, or

(c)serving a sentence of imprisonment detained in hospital.

(2) Paragraph (1)(b) does not apply during the first 6 months when the claimant is a prisoner where—

(a)the person was entitled to universal credit as a single person immediately before becoming a prisoner, and the calculation of their award included an amount for the housing costs element, and

(b)the person has not been sentenced to a term in custody that is expected to extend beyond that 6 months.

(3) In the case of a prisoner to whom paragraph (2) applies, an award of universal credit is not to include any element other than the housing costs element.

(4) In paragraph (1)(c) a person serving a sentence of imprisonment detained in hospital is a person who is—

(a)being detained—

(i)under Article 53 of the Mental Health (Northern Ireland) Order 1986(1), and

(ii)before the day which the Secretary of State certifies to be that person’s release date within the meaning of Article 56(3) of that Order (in any case where there is such a release date).

Waiting days

20.—(1) Entitlement to universal credit does not arise in the first 7 days of the period in respect of which the claim is made if—

(a)on the first day of that period (“the relevant date”) the claimant, or either of joint claimants, falls within Article 27 of the Order (claimants subject to all work-related requirements), and

(b)none of the exceptions in paragraph (3) applies.

(2) A claimant who may fall outside Article 27 of the Order only because they have limited capability for work is to be taken to fall within that Article for the purposes of this regulation.

(3) The exceptions are—

(a)where a new award of universal credit is made—

(i)to a single claimant as a consequence of a previous award having ended when the claimant ceased to be a member of a couple or to joint claimants as a consequence of two previous awards having ended when the claimants became a couple, or

(ii)in any other circumstances in which the assessment periods for that award are to begin on the same day of each month as the assessment periods for a previous award (see regulation 22), or

(b)where, on the relevant date, the claimant (or either of joint claimants)—

(i)is terminally ill,

(ii)has recently been a victim of domestic violence (as determined in accordance with regulation 96(3)),

(iii)is a care leaver or a person under the age of 22 who is claiming universal credit for the first time and was a care leaver before reaching the age of 18,

(iv)is aged 16 or 17 and without parental support (as determined within regulation 8(3)),

(v)has been a prisoner within the month ending on the relevant date, or

(vi)has been entitled to a jobseeker’s allowance or an employment and support allowance within the 3 months ending on the relevant date.

(4) In order to determine whether a single claimant, or either of joint claimants, falls within Article 27 of the Order for the purposes of this regulation, the definition of monthly earnings in regulation 89(6) (claimants subject to no work-related requirements – the earnings threshold) is to be read as if the reference to the current assessment period were a reference to the month that would be the first assessment period of the award if paragraph (1) of this regulation did not apply.

(1)

S.I. 1986/595 (N.I. 4); Article 53(5)(a) was amended by paragraph 27 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) and paragraph 38 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26 (N.I.)) and Article 56(3) was amended by paragraph 5(2) to Schedule 5 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

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