The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

Regulation 4

SCHEDULE 2 Consequential amendments

1.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 1 (citation and commencement)—

(a) in the heading for “and commencement” substitute “, commencement and application”; and

(b) renumber the existing provision as paragraph (1) and after that paragraph insert—

“(2) In so far as these Regulations apply to—

(a) an employment and support allowance, they apply to that allowance under Part 1 of the Welfare Reform Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 12 to the 2015 Order that remove references to an income-related allowance;

(b) a jobseeker’s allowance, they apply to that allowance under the Jobseekers Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance.

(3) These Regulations do not apply to universal credit (within the meaning of Part 2 of the 2015 Order) or personal independence payment (within the meaning of Part 5 of that Order).”.

(3) In regulation 2(1) (interpretation) after the definition of “the 2002 Act”(2) insert—

““the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

“the 2016 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016;”.

(4) For regulation 21(1) (direct credit transfer) substitute—

“(1) The Department may arrange for benefit to be paid by way of direct credit transfer into a bank account or other account nominated by the person entitled to benefit or a person acting on their behalf.”.

(5) In paragraph 2 of Schedule 8C(3) (deductions from benefit in respect of child support maintenance and payment to persons with care) after sub-paragraph (2) insert—

“(2A) Where paragraph 5 of Schedule 6 to the 2016 Regulations (deductions from benefit in respect of child maintenance and payment to persons with care – flat rate maintenance) applies, the Department shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of specified benefit (within the meaning of paragraph 1 of Schedule 6 to the 2016 Regulations) is insufficient to meet the deduction under paragraph 5 of that Schedule.”.

2.  In regulation 80(5) of the Housing Benefit Regulations (Northern Ireland) 2006 (who may claim) after “of the Act” insert “or under regulation 52 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2016”.

3.  In regulation 9 of the Integration Loans for Refugees and Others Regulations 2007(4)—

(a) in paragraph (1) after “Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”; and

(b) in paragraph (3)(b) after “Regulations 2013” insert “or Schedule 5 to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016”.

(1)

S.R. 1987 No. 465; relevant amending Regulations are S.R. 2001 No. 22, S.R. 2003 No. 191, S.R. 2008 No. 286 and S.R. 2014 No. 182.

(2)

The definition of “the 2002 Act” was inserted by regulation 3(a)(i) of S.R. 2003 No. 191.

(3)

Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22 and paragraph 2 was amended by regulation 14(3)(a) of S.R. 2003 No. 191, regulation 13(20)(a) of S.R. 2008 No. 286 and regulation 10(3) of S.R. 2014 No. 182.

(4)

S.I. 2007/1598; regulation 9 was amended by paragraph 4 of Schedule 3 to S.I. 2013/380.