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The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

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CHAPTER 2EFFECT OF TRANSITION TO UNIVERSAL CREDIT

Modification of Claims and Payments Regulations in relation to universal credit claimants

14.—(1) Where a claim for universal credit is made by a person who was previously entitled to an existing benefit, regulation 25 of the Claims and Payments Regulations (time within which a claim for universal credit is to be made) applies in relation to that claim with the modification specified in paragraph (2).

(2) After regulation 25(3)(a) insert—

(aa)the claimant was previously in receipt of an existing benefit (as defined in the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016) and notification of expiry of entitlement to that benefit was not sent to the claimant before the date that the claimant’s entitlement expired;.

Persons Unable to act

15.—(1) Paragraph (2) applies where—

(a)a person (“P2”) has been appointed, or treated as appointed, under regulation 33(1) of the Claims and Payments Regulations 1987 (persons unable to act) to exercise rights and to receive and deal with sums payable on behalf of a person who is unable to act (“P1”); or

(b)a person (“P2”) has been appointed under regulation 18(3) of the Tax Credits (Claims and Notifications) Regulations 2002 (circumstances where one person may act for another in making a claim – other appointed persons) to act for a person who is unable to act (“P1”) in making a claim for a tax credit.

(2) Where this paragraph applies and P1 is, or may be, entitled to universal credit, the Department may, if P2 agrees, treat the appointment of P2 as if it were made under regulation 52(1) of the Claims and Payments Regulations (persons unable to act) and P2 may carry out the functions set out in regulation 52(4) of those Regulations in relation to P1.

(3) Paragraph (4) applies where a person (“P2”) was appointed, or treated as appointed, under regulation 52(1) of the Claims and Payments Regulations to carry out functions in relation to a person who is unable to act (“P1”) and who was, or might have been, entitled to universal credit, but who has ceased to be so entitled, or was not in fact so entitled.

(4) Where this paragraph applies—

(a)the Department may, if P2 agrees, treat the appointment of P2 as if it were made under regulation 33(1) of the Claims and Payments Regulations 1987 and P2 may exercise rights and receive and deal with sums payable in respect of existing benefits on behalf of P1; and

(b)the Board (within the meaning of the Tax Credits (Claims and Notifications) Regulations 2002) may, if P2 agrees, treat the appointment of P2 as if it were made under regulation 18(3) of those Regulations and P2 may act for P1 in making a claim for a tax credit.

Waiting days

16.—(1) This regulation applies where a claimant (or, in the case of joint claimants, either of them)—

(a)was entitled to old style JSA, old style ESA or income support at any time during the period of 3 months ending with the first day of the period in respect of which the claimant makes a claim for universal credit and ceased to be so entitled on starting paid work; or

(b)does not fall within sub-paragraph (a) and was entitled to an existing benefit at any time during the period of one month ending on that day.

(2) Where this regulation applies, regulation 20(3)(b) of the Universal Credit Regulations (waiting days) applies with the following modifications—

(a)at the end of sub-paragraph (v) omit “or”; and

(b)after sub-paragraph (vi) insert—

(vii)was entitled to a benefit mentioned in regulation 16(1)(a) of the Universal Credit (Transitional Provision) Regulations (Northern Ireland) 2016 at any time during the period of 3 months ending on the relevant date and ceased to be so entitled on starting paid work; or

(viii)does not fall within sub-paragraph (vii) and was entitled to a benefit mentioned in regulation 16(1)(b) of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 at any time during the period of one month ending on the relevant date..

Advance payments of universal credit

17.—(1) This regulation applies where—

(a)the Department is deciding a claim for universal credit, other than a claim which is treated as having been made, in accordance with regulation 8(8) of the Claims and Payments Regulations;

(b)the claimant is, or was previously, entitled to an existing benefit (“the earlier award”); and

(c)if the earlier award terminated before the date on which the claim for universal credit was made, the claim for universal credit was made during the period of one month starting with the date of termination.

(2) Where this regulation applies—

(a)a single claimant may request an advance payment of universal credit; and

(b)joint claimants may jointly request such a payment,

at any time during the first assessment period for universal credit.

(3) Where a request has been made in accordance with this regulation, the Department may make an advance payment to the claimant, or joint claimants, of such amount in respect of universal credit as it considers appropriate.

(4) After an advance payment has been made under this regulation, payments of any award of universal credit to the claimant or, in the case of joint claimants, to either or both of them, may be reduced until the amount of the advance payment is repaid.

(5) In this regulation “single claimant”, in relation to universal credit, has the same meaning as in Part 2 of the Order;

Deductions from benefits

18.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who—

(i)was entitled to income-based jobseeker’s allowance, income-related employment and support allowance or income support (a “relevant award”) on the date on which the claim for universal credit was made or treated as made,

(ii)is a new claimant partner who was, immediately before forming a couple with a person entitled to universal credit, the partner of a person (“P”) who was at that time entitled to a relevant award, or

(iii)is not a new claimant partner and was, immediately before making a claim for universal credit, the partner of a person (“P”) who was at that time entitled to a relevant award, where the award of universal credit is not a joint award to the claimant and P; and

(b)on the relevant date, deductions in respect of fuel costs or water charges were being made under regulation 34A of the Claims and Payments Regulations 1987, in accordance with Schedule 8A to those Regulations(1).

(2) In this regulation, the “relevant date” means—

(a)where paragraph (1)(a)(i) applies and the claimant is not a new claimant partner, the date on which the claim for universal credit was made;

(b)where paragraph (1)(a)(i) applies and the claimant is a new claimant partner, the date on which the claim for universal credit was treated as made; or

(c)where paragraph (1)(a)(ii) or (iii) applies, the date on which the claimant ceased to be the partner of P.

(3) Where this regulation applies, deductions in respect of fuel costs or, as the case may be, water charges, may be made from the award of universal credit in accordance with Schedule 5 to the Claims and Payments Regulations, without the need for any consent which would otherwise be required under paragraph 3(3) of that Schedule.

(4) For the purposes of this regulation a deduction is to be taken into account even if the relevant award subsequently terminated by virtue of an order made under Article 2(2) of the Order, regulation 5 or as the case may be, regulation 6, before the date on which the deduction was first applied.

Transition from old style ESA

19.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made or treated as made (“the relevant date”); and

(b)on or before the relevant date it had been determined that the claimant was entitled to the work-related activity component or to the support component.

(2) Where, on or before the relevant date, it had been determined that the claimant was entitled to the work-related activity component—

(a)regulation 28(3) of the Universal Credit Regulations (award to include LCW and LCWRA elements) does not apply; and

(b)the claimant is to be treated as having limited capability for work for the purposes of regulation 28(1)(a) of those regulations and Article 26(1)(a) of the Order.

(3) Unless the assessment phase applied and had not ended at the relevant date(2), in relation to a claimant who is treated as having limited capability for work under paragraph (2)—

(a)regulation 29 of the Universal Credit Regulations (period for which the LCW or LCWRA element is not to be included) does not apply; and

(b)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award with effect from the beginning of the first assessment period.

(4) Where, on or before the relevant date, it had been determined that the claimant was entitled to the support component—

(a)regulation 28(3) of the Universal Credit Regulations does not apply; and

(b)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of those Regulations and Article 24(2)(a) of the Order.

(5) Unless the assessment phase applied and had not ended at the relevant date, in relation to a claimant who is treated as having limited capability for work and work-related activity under paragraph(4)(b)

(a)regulation 29 of the Universal Credit Regulations does not apply; and

(b)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(6) For the purposes of this regulation, a determination that the claimant was entitled to the work-related activity component or, as the case may be, the support component, is to be taken into account even if the award of old style ESA subsequently terminated (in so far as it was an award of income-related employment and support allowance) before the date on which that determination was made, by virtue of an order made under Article 2(2) of the Order.

(7) Where a claimant is treated, by virtue of this regulation, as having limited capability for work or, as the case may be, limited capability for work and work-related activity, the Department may at any time make a fresh determination as to these matters, in accordance with the Universal Credit Regulations.

(8) In this regulation and in regulations 20 to 28—

“assessment phase”, “support component” and “work-related activity component” have the same meanings as in sections 2, 4 and 24(2) of the 2007 Act,

“incapacity benefit” and “severe disablement allowance” have the same meanings as in Schedule 4 to the 2007 Act;

“LCW element” and “LCWRA element” have the same meanings as in regulation 28 of the Universal Credit Regulations.

(9) For the purposes of this regulation and regulation 20, references to cases in which the assessment phase applied are references to cases in which sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a) of the 2007 Act applied and references to cases in which the assessment phase did not apply are references to cases in which those sections did not apply(3).

Transition from old style ESA before the end of the assessment phase

20.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to old style ESA on the date on which the claim for universal credit was made or treated as made (“the relevant date”); and

(b)on the relevant date, the assessment phase in relation to the claimant applied and had lasted for less than 13 weeks.

(2) Where this regulation applies—

(a)regulation 29(2) of the Universal Credit Regulations (period for which the LCW or LCWRA element is not to be included) does not apply; and

(b)for the purposes of regulation 29 of those regulations, the relevant period is—

(i)the period of 13 weeks starting with the first day of the assessment phase, or

(ii)where regulation 5 of the ESA Regulations 2008 (the assessment phase – previous claimants) applied to the claimant, the period which ends when the sum of the periods for which the claimant was previously entitled to old style ESA and the period for which the claimant is entitled to universal credit is 13 weeks.

(3) Where, on the relevant date, the assessment phase in relation to the claimant applied and had not ended and had lasted for more than 13 weeks—

(a)regulation 29 of the Universal Credit Regulations does not apply;

(b)if it is subsequently determined in accordance with Part 5 of those Regulations that the claimant has limited capability for work the LCW element is (subject to the provisions of Part 4 of those regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(c)if it is subsequently determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work and work-related activity the LCWRA element is (subject to the provisions of Part 4 of those Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(4) For the purposes of this regulation, the fact that an assessment phase applied in relation to a claimant on the relevant date is to be taken into account even if the award of old style ESA subsequently terminated (in so far as it was an award of income-related employment and support allowance) before that date by virtue of an order made under Article 2(2) of the Order.

Transition from jobseeker’s allowance following an extended period of sickness

21.—(1) This regulation applies where—

(a)the claimant’s first day of entitlement to universal credit (“the relevant date”), immediately follows the claimant’s last day of entitlement to a jobseeker’s allowance; and

(b)immediately before the relevant date the claimant was treated as capable of work or as not having limited capability for work under regulation 55ZA of the JSA Regulations 1996(4) or regulation 16 of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016(5) (extended period of sickness).

(2) Where this regulation applies—

(a)regulation 29(2) of the Universal Credit Regulations (period for which LCW or LCWRA element is not to be included) does not apply; and

(b)for the purposes of regulation 29 of those Regulations, the relevant period is the period starting with the first day of the period for which the claimant was treated as capable of work or as not having limited capability for work as specified in paragraph (1)(b).

Other claimants with limited capability for work: credits only cases

22.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(iv),(iva) or (v) of the Social Security (Credits) Regulations (Northern Ireland) 1975(6) on the date on which the claim for universal credit was made or treated as made (the “relevant date”); and

(b)neither regulation 19 nor regulation 20 applies to that claimant (whether or not, in the case of joint claimants, either of those regulations apply to the other claimant).

(2) Where, on or before the relevant date, it had been determined that the claimant would have limited capability for work (within the meaning of Part 1 of the 2007 Act) if he or she was entitled to old style ESA—

(a)regulation 28(3) of the Universal Credit Regulations does not apply; and

(b)the claimant is to be treated as having limited capability for work for the purposes of regulation 28(1)(a) of those Regulations and Article 26(1)(a) of the Order.

(3) Unless the notional assessment phase has applied and had lasted for less than 13 weeks at the relevant date(7), in relation to a claimant who is treated as having limited capability for work under paragraph (2)—

(a)regulation 29 of the Universal Credit Regulations does not apply; and

(b)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award with effect from the beginning of the first assessment period.

(4) Where, on or before the relevant date, it had been determined that the claimant would have limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) if he or she was entitled to old style ESA—

(a)regulation 28(3) of the Universal Credit Regulations does not apply; and

(b)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of those Regulations and Article 24(2)(a) of the Order.

(5) Unless the notional assessment phase applied and had lasted for less than 13 weeks at the relevant date, in relation to a claimant who is treated as having limited capability for work and work-related activity under paragraph (4)—

(a)regulation 29 of the Universal Credit Regulations does not apply; and

(b)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(6) Where, on the relevant date, the notional assessment phase in relation to the claimant to whom the award was made applied and had lasted for less than 13 weeks—

(a)regulation 29(2) of the Universal Credit Regulations does not apply; and

(b)for the purposes of regulation 29 of those Regulations, the relevant period is the period of 13 weeks starting with the first day of the notional assessment phase.

(7) Where, on the relevant date, the notional assessment phase in relation to the claimant applied and had not ended and had lasted for more than 13 weeks—

(a)regulation 29 of the Universal Credit Regulations does not apply;

(b)if it is subsequently determined in accordance with Part 5 of those Regulations that the claimant has limited capability for work, the LCW element is (subject to the provisions of Part 4 of those Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period;

(c)if it is subsequently determined in accordance with Part 5 of those Regulations that the claimant has limited capability for work and work-related activity, the LCWRA element is (subject to the provisions of Part 4 of those Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(8) Where a claimant is treated, by virtue of this regulation, as having limited capability for work or, as the case may be, limited capability for work and work-related activity, the Department may at any time make a fresh determination as to these matters, in accordance with the Universal Credit Regulations.

(9) For the purposes of this regulation—

(a)a determination that the claimant would have limited capability for work or, as the case may be, limited capability for work-related activity, if the claimant was entitled to old style ESA is to be taken into account even if the claimant subsequently ceased to be entitled as mentioned in paragraph (1)(a) before the date on which that determination was made because he or she became entitled to universal credit;

(b)the fact that a notional assessment phase applied in relation to a claimant on the relevant date is to be taken into account even if the claimant subsequently ceased to be entitled as mentioned in paragraph (1)(a) before that date because the claimant became entitled to Universal Credit;

(c)references to a determination that the claimant would have limited capability for work if the claimant was entitled to old style ESA do not include a determination made under regulation 30 of the ESA Regulations 2008(8) (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made);

(d)references to cases in which the notional assessment phase applied are references to cases in which sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a) of the 2007 Act would have applied to the claimant if he or she had been entitled to old style ESA in addition to the entitlement mentioned in paragraph (1)(a), but do not include cases in which the claimant is entitled as mentioned in paragraph (1)(a) under regulation 8B(2)(iva) of the Social Security (Credits) Regulations (Northern Ireland) 1975;

(e)subject to sub-paragraph (e), the “notional assessment phase” is the period of 13 weeks starting on the day on which the assessment phase would have started in relation to the claimant, if he or she had been entitled to old style ESA and sections 2(2)(a), 2(3)(a), 4(4)(a) and 4(5)(a) of the 2007 Act had applied; and

(f)the notional assessment phase has not ended if, at the end of the 13 week period referred to in sub-paragraph (e), no determination has been made as to whether a claimant would have limited capability for work (within the meaning of Part 1 of the 2007 Act) if the claimant was entitled to old style ESA.

Transition from income support payable on the grounds of incapacity for work or disability and other incapacity benefits

23.—(1) This regulation applies where an award of universal credit is made to a claimant (other than a claimant to whom regulation 24 or 25 applies) who was entitled to income support on the grounds of incapacity for work or disability on the date on which the claim for universal credit was made or treated as made or is entitled to incapacity benefit or severe disablement allowance.

(2) Where this regulation applies—

(a)if it is determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work—

(i)the claimant is to be treated as having had limited capability for work for the purposes of regulation 28(1)(a) of the Universal Credit Regulations (award to include LCW and LCWRA elements) from the beginning of the first assessment period,

(ii)regulation 29 of those Regulations (period for which the LCW or LCWRA element is not to be included) does not apply, and

(iii)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award with effect from the beginning of the first assessment period;

(b)if it is determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work and work-related activity—

(i)the claimant is to be treated as having had limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of the Universal Credit Regulations from the beginning of the first assessment period,

(ii)regulation 29 of those Regulations does not apply, and

(iii)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

(3) In this regulation—

“income support on the grounds of incapacity for work or disability” means an award of income support which is an “existing award” within the meaning of Schedule 4 to the 2007 Act.

Transition from other incapacity benefits: assessment under the ESA (Transitional Provisions) Regulations 2010

24.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who is entitled to incapacity benefit or severe disablement allowance (“the relevant award”); and

(b)on or before the date on which the claim for universal credit is made or treated as made, a notice has been issued to the claimant under regulation 4 of the ESA (Transitional Provisions) Regulations 2010 (notice commencing the conversion phase).

(2) Where this regulation applies, regulation 28(3) (award to include LCW and LCWRA elements) and Part 5 (determination of limited capability for work and work related activity) of the Universal Credit Regulations do not apply and the question whether a claimant has limited capability for work and work related activity, is to be determined for the purposes of the Order and the Universal Credit Regulations, in accordance with this regulation.

(3) Where it is determined in accordance with the ESA (Transitional Provisions) Regulations 2010 that the relevant award qualifies for conversion into an award in accordance with regulation 7 of those regulations (qualifying for conversion) and that award includes the work-related activity component—

(a)the claimant is to be treated as having had limited capability for work for the purposes of regulation 28(1)(a) of the Universal Credit Regulations from the beginning of the first assessment period;

(b)regulation 29(1) of those Regulations (period for which LCW or LCWRA element is not to be included) does not apply;

(c)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(d)the claimant is to be treated as having limited capability for work for the purposes of Article 26(1)(a) of the Order.

(4) Where it is determined in accordance with the ESA (Transitional Provisions) Regulations 2010 that the relevant award qualifies for conversion into an award in accordance with regulation 7 of those Regulations and that award includes the support component—

(a)the claimant is to be treated as having had limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of the Universal Credit Regulations from the beginning of the first assessment period;

(b)regulation 29(1) of those Regulations does not apply;

(c)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(d)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of Article 24(2)(a) of the Order.

Transition from other incapacity benefits: claimants approaching pensionable age

25.—(1) This paragraph applies where—

(a)an award of universal credit is made to a claimant who is entitled to incapacity benefit or severe disablement allowance;

(b)no notice has been issued to the claimant under regulation 4 of the ESA (Transitional Provisions) Regulations 2010 (notice commencing the conversion phase);

(c)the claimant will reach pensionable age (within the meaning in regulation 2(1) of the ESA (Transitional Provisions) Regulations 2010) within the period of one year; and

(d)the claimant is also entitled to–

(i)personal independence payment, where neither the daily living component nor the mobility component is payable at the enhanced rate(9),

(ii)disability living allowance under section 71 of the 1992 Act, where the care component is payable at the middle rate within the meaning of section 72(4) of that Act or the mobility component is payable at the lower rate within the meaning of section 73(11) of that Act (or both components are payable at those rates),

(iii)attendance allowance under section 64 of the 1992 Act, where the allowance is payable at the lower rate in accordance with section 65 of that Act,

(iv)an increase in the weekly rate of disablement pension under section 104 of the 1992 Act (increase where constant attendance needed), where the increase is of an amount which is equal to or less than the amount specified in paragraph 2(a) of Part V of Schedule 4 to that Act, or

(v)any payment based on the need for attendance which is paid as an addition to a war disablement pension (which means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003(10)) where the amount of that payment is equal to or less than the amount specified in paragraph 2(a) of Part V of Schedule 4 to the 1992 Act.

(2) Where paragraph (1) applies and paragraph (3) does not apply—

(a)regulation 28(3) of the Universal Credit Regulations (award to include LCW and LCWRA elements) does not apply;

(b)the claimant is to be treated as having limited capability for work for the purposes of regulation 28(1)(a) of those Regulations from the beginning of the first assessment period;

(c)regulation 29(1) of the Universal Credit Regulations (period for which LCW or LCWRA element is not to be included) does not apply;

(d)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(e)the claimant is to be treated as having limited capability for work for the purposes of Article 26(1)(a) of the Order.

(3) This paragraph applies where—

(a)an award of universal credit is made to a claimant who is entitled to incapacity benefit or severe disablement allowance;

(b)no notice has been issued to the claimant under regulation 4 of the ESA (Transitional Provisions) Regulations 2010;

(c)the claimant will reach pensionable age (within the meaning in regulation 2(1) of the ESA (Transitional Provisions) Regulations 2010) within the period of one year; and

(d)the claimant is also entitled to–

(i)personal independence payment, where either the daily living component or the mobility component is (or both components are) payable at the enhanced rate,

(ii)disability living allowance under section 71 of the 1992 Act, where the care component is payable at the highest rate within the meaning of section 72(4) of that Act or the mobility component is payable at the higher rate within the meaning of section 73(11) of that Act (or both components are payable at those rates),

(iii)attendance allowance under section 64 of the 1992 Act, where the allowance is payable at the higher rate in accordance with section 65 of that Act,

(iv)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011(11),

(v)an increase in the weekly rate of disablement pension under section 104 of the 1992 Act, where the increase is of an amount which is greater than the amount specified in paragraph 2(a) of Part V of Schedule 4 to that Act, or

(vi)any payment based on the need for attendance which is paid as an addition to a war disablement pension (which means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 where the amount of that payment is greater than the amount specified in paragraph 2(a) of Part V of Schedule 4 to the 1992 Act).

(4) Where paragraph (3) applies (whether or not paragraph (1) also applies)—

(a)regulation 28(3) of the Universal Credit Regulations does not apply;

(b)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of those Regulations from the beginning of the first assessment period;

(c)regulation 29(1) of the Universal Credit Regulations does not apply;

(d)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(e)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of Article 26(2)(a) of the Order.

(5) In this regulation—

“the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992(12).

Transition from other incapacity benefits: supplementary

26.—(1) Where an award of universal credit is made to a claimant who is entitled to incapacity benefit or severe disablement allowance, regulation 66 of the Universal Credit Regulations (what is included in unearned income?) applies to the claimant as if incapacity benefit or, as the case may be, severe disablement allowance were added to the descriptions of unearned income in paragraph (1)(b) of that regulation.

(2) For the purposes of regulations 24 and 25 and this regulation only, incapacity benefit and severe disablement allowance are prescribed benefits under paragraph 1(2)(b) of Schedule 6 to the Order.

Other claimants with incapacity for work: credits only cases where claimant is approaching pensionable age

27.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to be credited with earnings equal to the lower earnings limit then in operation under regulation 8B(2)(a)(i), (ii) or (iii) of the Social Security (Credits) Regulations (Northern Ireland) 1975 on the date on which the claim for universal credit was made or treated as made;

(b)the claimant will reach pensionable age within the meaning of the ESA (Transitional Provisions) Regulations 2010 within the period of one year; and

(c)none of regulations 23, 24 or 25 apply to that claimant (whether or not, in the case of joint claimants, any of those regulations apply to the other claimant).

(2) Where the claimant is entitled to a payment, allowance or increased rate of pension specified in regulation 25(1)(d) and is not entitled to a payment, allowance or increased rate of pension specified in regulation 25(3)(d)—

(a)regulation 28(3) of the Universal Credit Regulations (award to include LCW and LCWRA elements) does not apply;

(b)the claimant is to be treated as having limited capability for work for the purposes of regulation 28(1)(a) of those Regulations from the beginning of the first assessment period;

(c)regulation 29(1) of the Universal Credit Regulations (period for which the LCW or LCWRA element is not to be included) does not apply;

(d)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(e)the claimant is to be treated as having limited capability for work for the purposes of Article 26(1)(a) of the Order.

(3) Where the claimant is entitled to a payment, allowance or increased rate of pension specified in regulation 25(3)(d) (whether or not the claimant is also entitled to a payment, allowance or increased rate of pension specified in regulation 25(1)(d))—

(a)regulation 28(3) of the Universal Credit Regulations does not apply;

(b)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of those Regulations from the beginning of the first assessment period;

(c)regulation 29(1) of the Universal Credit Regulations does not apply;

(d)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period; and

(e)the claimant is to be treated as having limited capability for work and work-related activity for the purposes of Article 24(2)(a) of the Order.

(4) Where the claimant is not entitled to a payment, allowance or increased rate of pension specified in either regulation 25(1)(d) or regulation 25(3)(d)—

(a)if it is determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work—

(i)the claimant is to be treated as having had limited capability for work for the purposes of regulation 28(1)(a) of the Universal Credit Regulations from the beginning of the first assessment period,

(ii)regulation 29 of the Universal Credit Regulations does not apply, and

(iii)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award with effect from the beginning of the first assessment period; and

(b)if it is determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work and work-related activity—

(i)the claimant is to be treated as having had limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of the Universal Credit Regulations from the beginning of the first assessment period,

(ii)regulation 29 of the Universal Credit Regulations does not apply, and

(iii)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

Other claimants with incapacity for work: credits only cases

28.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(i), (ii) or (iii) of the Social Security (Credits) Regulations (Northern Ireland) 1975 on the date on which the claim for universal credit was made or treated as made; and

(b)none of regulations 23, 24, 25 or 27 apply to that claimant (whether or not, in the case of joint claimants, any of those Regulations apply to the other claimant).

(2) Where this regulation applies—

(a)if it is determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work—

(i)the claimant is to be treated as having had limited capability for work for the purposes of regulation 28(1)(a) of the Universal Credit Regulations (award to include LCW and LCWRA elements) from the beginning of the first assessment period,

(ii)regulation 29 of the Universal Credit Regulations (period for which the LCW or LCWRA element is not to be included) does not apply, and

(iii)the LCW element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award with effect from the beginning of the first assessment period; and

(b)if it is determined in accordance with Part 5 of the Universal Credit Regulations that the claimant has limited capability for work and work-related activity—

(i)the claimant is to be treated as having had limited capability for work and work-related activity for the purposes of regulation 28(1)(b) of the Universal Credit Regulations from the beginning of the first assessment period,

(ii)regulation 29 of the Universal Credit Regulations does not apply, and

(iii)the LCWRA element is (subject to the provisions of Part 4 of the Universal Credit Regulations) to be included in the award of universal credit with effect from the beginning of the first assessment period.

Meaning of “qualifying young person”

29.  Where a person who would (apart from the provision made by this regulation) be a “qualifying young person” within the meaning of regulation 6 of the Universal Credit Regulations is entitled to an existing benefit—

(a)that person is not a qualifying young person for the purposes of the Universal Credit Regulations; and

(b)regulation 6(5) of those Regulations applies as if, after “a person who is receiving” there were inserted “an existing benefit (within the meaning of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016),”.

Support for housing costs

30.—(1) Paragraph (3) applies where—

(a)an award of universal credit is made to a claimant who—

(i)was entitled to income-based jobseeker’s allowance, income-related employment and support allowance or income support (a “relevant award”) at any time during the period of one month ending with the day on which the claim for universal credit was made or treated as made (or would have been so entitled were it not for termination of that award by virtue of an order made under Article 2(2) of the Order or the effect of these Regulations), or

(ii)was at any time during the period of one month ending with the day on which the claim for universal credit was made or treated as made, the partner of a person (“P”) who was at that time entitled to a relevant award, where the award of universal credit is not a joint award to the claimant and P; and

(b)on the relevant date, the relevant award included an amount in respect of housing costs under—

(i)paragraphs 14 to 16 of Schedule 2 to the JSA Regulations 1996(13),

(ii)paragraphs 16 to 18 of Schedule 6 to the ESA Regulations 2008(14), or, as the case may be,

(iii)paragraphs 15 to 17 of Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987(15).

(2) In this regulation the “relevant date” means—

(a)where paragraph (1)(a)(i) applies and the claimant was not entitled to the relevant award on the date on which the claim for universal credit was made or treated as made, the date on which the relevant award terminated;

(b)where paragraph (1)(a)(i) applies, the claimant is not a new claimant partner and he or she was entitled to the relevant award on the date on which the claim for universal credit was made, that date;

(c)where paragraph (1)(a)(i) applies, the claimant is a new claimant partner and he or she was entitled to the relevant award on the date on which the claim for universal credit was treated as made, that date; and

(d)where paragraph (1)(a)(ii) applies, the date on which the claimant ceased to be the partner of P or, if earlier, the date on which the relevant award terminated.

(3) Where this paragraph applies, paragraph 5 of Schedule 5 to the Universal Credit Regulations (no housing costs element under this Schedule for qualifying period) does not apply.

(4) Paragraph (5) applies where paragraph (1)(a) applies, but the relevant award did not include an amount in respect of housing costs because the claimant’s entitlement (or, as the case may be, P’s entitlement) was nil by virtue of—

(a)paragraph 6(1)(c) or 7(1)(b) of Schedule 2 to the JSA Regulations 1996;

(b)paragraph 8(1)(c) or 9(1)(b) of Schedule 6 to the ESA Regulations 2008; or, as the case may be,

(c)paragraph 6(1)(c) or 8(1)(b) of Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987.

(5) Where this paragraph applies—

(a)paragraph 5(2) of Schedule 5 to the Universal Credit Regulations does not apply; and

(b)the “qualifying period” referred to in paragraph 5 of that Schedule is the period of 273 days starting with the first day on which the claimant (or, as the case may be, P) was entitled to the relevant award, taking into account any period which was treated as a period of continuing entitlement under—

(i)paragraph 13 of Schedule 2 to the JSA Regulations 1996(16);

(ii)paragraph 15 of Schedule 6 to the ESA Regulations 2008(17); or, as the case may be,

(iii)paragraph 14 of Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987(18),

provided that, throughout that part of the qualifying period after the award of universal credit is made, receipt of universal credit is continuous and the claimant otherwise qualifies for the inclusion of an amount calculated under Schedule 5 to the Universal Credit Regulations in their award.

(6) For the purposes of—

(a)paragraph (1)(b) of this regulation, inclusion of an amount in respect of housing costs in a relevant award is to be taken into account even if the relevant award subsequently terminated by virtue of an order made under Article 2(2) of the Order, regulation 5 or, as the case may be, regulation 6, before the date on which that amount was included in the award;

(b)paragraph (5)(b) of this regulation, entitlement to a relevant award is to be treated as having continued until the relevant date even if the award subsequently terminated by virtue of an order made under Article 2(2) of the Order, regulation 5 or, as the case may be, regulation 6, before that date.

Sanctions: transition from old style ESA

31.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was previously entitled to old style ESA (“the ESA award”); and

(b)on the relevant date, payments in respect of the ESA award were reduced under regulation 63 of the ESA Regulations 2008(19).

(2) In this regulation the “relevant date” means—

(a)where the claimant was not entitled to old style ESA on the date on which the claim for universal credit was made or treated as made, the date on which the ESA award terminated;

(b)where the claimant is not a new claimant partner and was entitled to old style ESA on the date on which the claim for universal credit was made, that date;

(c)where the claimant is a new claimant partner and was entitled to old style ESA on the date on which the claim for universal credit was treated as made, that date.

(3) Where this regulation applies—

(a)the failure which led to reduction of the ESA award (“the ESA failure”) is to be treated, for the purposes of the Universal Credit Regulations, as a failure which is sanctionable under Article 32 of the Order;

(b)the award of universal credit is to be reduced in relation to the ESA failure, in accordance with the provisions of this regulation and Chapter 2 of Part 8 of the Universal Credit Regulations (sanctions), as modified by this regulation; and

(c)the reduction is to be treated, for the purposes of the Universal Credit Regulations, as a reduction under Article 32 of the Order.

(4) The reduction period for the purposes of regulation 98(1) of the Universal Credit Regulations is a period of the number of days which is equivalent to the length of the fixed period applicable to the person under regulation 63(7) of the ESA Regulations 2008 in relation to the ESA failure, minus—

(a)the number of days (if any) in that period in respect of which the amount of old style ESA was reduced; and

(b)if the ESA award terminated before the first date of entitlement to universal credit in connection with the current award, the number of days (if any) in the period after termination of that award, before the start of the universal credit award.

(5) Accordingly, regulation 98 of the Universal Credit Regulations (general principles for calculating reduction periods) applies in relation to the ESA failure as if—

(a)in paragraph (1) for “in accordance with regulations 99 to 102”; and

(b)in paragraph (3) for “in accordance with regulations 100 to 102”,

there were substituted “in accordance with regulation 31 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016”.

(6) For the purposes of this regulation, a determination that payments in respect of the ESA award are to be reduced under regulation 63 of the ESA Regulations 2008 is to be taken into account even if the ESA award subsequently terminated (in so far as it was an award of income-related employment and support allowance) on a date before the date on which that determination was made, by virtue of an order made under Article 2(2) of the Order.

Escalation of sanctions: transition from old style ESA

32.—(1) This regulation applies where an award of universal credit is made to a claimant who was at any time previously entitled to old style ESA.

(2) Where this regulation applies, for the purposes of determining the reduction period under regulation 101 of the Universal Credit Regulations (low-level sanction) in relation to a sanctionable failure by the claimant, other than a failure which is treated as sanctionable by virtue of regulation 31

(a)a reduction of universal credit in accordance with regulation 31; and

(b)any reduction of old style ESA under the ESA Regulations 2008 which did not result in a reduction under regulation 31,

is, subject to paragraph (3), to be treated as arising from a sanctionable failure for which the reduction period which applies is the number of days which is equivalent to the length of the fixed period which applied under regulation 63 of the ESA Regulations 2008.

(3) In determining a reduction period under regulation 101 of the Universal Credit Regulations in accordance with paragraph (2), no account is to be taken of—

(a)a reduction of universal credit in accordance with regulation 31 if, at any time after that reduction, the claimant was entitled to an existing benefit; and

(b)a reduction of old style ESA under the ESA Regulations 2008 if, at any time after that reduction, the claimant was entitled to universal credit, new style ESA or new style JSA, and was subsequently entitled to an existing benefit.

Sanctions: transition from old style JSA

33.—(1) This regulation applies where—

(a)an award of universal credit is made to a claimant who was previously entitled to old style JSA (“the JSA award”);

(b)on the relevant date, payments in respect of the JSA award were reduced under Article 21 (as it applied either before or after substitution by Article 52 of the Order) or Article 21A of the Jobseekers Order 1995; and

(c)if the JSA award was made to a joint-claim couple within the meaning of the Jobseekers Order 1995 and the reduction related to—

(i)in the case of a reduction under Article 21 of the Jobseekers Order 1995 as it applied before substitution by the Order, circumstances relating to only one member of the couple, or

(ii)in the case of a reduction under Article 21 of the Jobseekers Order 1995 as it applied after substitution by the Order, a sanctionable failure by only one member of the couple,

the award of universal credit was made to that person.

(2) In this regulation the “relevant date” means—

(a)where the claimant was not entitled to old style JSA on the date on which the claim for universal credit was made or treated as made, the date on which the JSA award terminated;

(b)where the claimant is not a new claimant partner and was entitled to old style JSA on the date on which the claim for universal credit was made, that date; and

(c)where the claimant is a new claimant partner and was entitled to old style JSA on the date on which the claim for universal credit was treated as made, that date.

(3) Where this regulation applies—

(a)the circumstances or failure which led to reduction of the JSA award (in either case, “the JSA failure”) is to be treated, for the purposes of the Universal Credit Regulations, as—

(i)a failure which is sanctionable under Article 31 of the Order, where the reduction was under Article 21 of the Jobseekers Order 1995, or

(ii)a failure which is sanctionable under Article 32 of the Order, where the reduction was under Article 21A of the Jobseekers Order;

(b)the award of universal credit is to be reduced in relation to the JSA failure, in accordance with the provisions of this regulation and Chapter 2 of Part 8 of the Universal Credit Regulations (sanctions), as modified by this regulation; and

(c)the reduction is to be treated, for the purposes of the Universal Credit Regulations, as a reduction under Article 31 or, as the case may be, Article 32 of the Order.

Escalation of sanctions: transition from old style JSA

34.—(1) This regulation applies where an award of universal credit is made to a claimant who was at any time previously entitled to old style JSA.

(2) Where this regulation applies, for the purposes of determining the applicable reduction period under regulation 99 (higher-level sanction), 100 (medium-level sanction) or 101 (low-level sanction) of the Universal Credit Regulations in relation to a sanctionable failure by the person, other than a failure which is treated as sanctionable by virtue of regulation 33

(a)a reduction of universal credit in accordance with regulation 33; and

(b)any reduction of old style JSA under Article 21 or Article 21A of the Jobseekers Order 1995 which did not result in a reduction under regulation 33,

is, subject to paragraph (3), to be treated as arising from a sanctionable failure for which the reduction period is the number of days which is equivalent to the length of the period which applied under regulation 69 of the JSA Regulations 1996.

(3) In determining a reduction period under regulation 99, 100 or 101 of the Universal Credit Regulations in accordance with paragraph (2), no account is to be taken of—

(a)a reduction of universal credit in accordance with regulation 33 if, at any time after that reduction, the claimant was entitled to an existing benefit; and

(b)a reduction of old style JSA under Article 21 or Article 21A of the Jobseekers Order 1995 if, at any time after that reduction, the claimant was entitled to universal credit, new style ESA or new style JSA, and was subsequently entitled to an existing benefit.

Sanctions: temporary return to certain existing benefits

35.  If an award of universal credit terminates while there is an outstanding reduction period (within the meaning of regulation 104 of the Universal Credit Regulations (reduction period to continue where award terminates)) and the claimant becomes entitled to old style JSA, old style ESA or income support (“the relevant benefit”) during that period—

(a)regulation 104 of the Universal Credit Regulations ceases to apply; and

(b)the reduction period is to terminate on the first date of entitlement to the relevant benefit.

Loss of benefit penalties: transition from existing benefits other than tax credits

36.—(1) Subject to paragraph (6), this regulation applies in the cases set out in paragraphs (2) to (4).

(2) The first case is where—

(a)an award of universal credit is made to a claimant who is an offender;

(b)the claimant was entitled to old style JSA, old style ESA, income support or housing benefit (“the earlier award”) at any time during the period of one month ending with the date on which the claim for universal credit was made or treated as made (or would have been so entitled were it not for termination of that award by virtue of an order made under Article 2(2) of the Order or, as the case may be, the effect of these Regulations); and

(c)payments in respect of the earlier award were, on the relevant date, subject to a restriction under section 5B (loss of benefit in case of conviction, penalty or caution for benefit offence), 6 (repeated benefit fraud) or 7 (effect of offence on joint-claim jobseeker’s allowance) of the Fraud Act 2001.

(3) The second case is where—

(a)an award of universal credit is made to a claimant who is an offender;

(b)another person who was the offender’s family member (but is no longer their family member) was entitled to old style JSA, old style ESA, income support or housing benefit (“the earlier award”) at any time during the period of one month ending with the date on which the claim for universal credit was made or treated as made; and

(c)payments in respect of the earlier award were, on the relevant date, subject to a restriction under section 8 (effect of offence on benefits for members of offender’s family) of the Fraud Act 2001.

(4) The third case is where—

(a)an award of universal credit is made to a claimant who is an offender’s family member;

(b)the offender, or the claimant, was entitled to old style JSA, old style ESA, income support or housing benefit (“the earlier award”) at any time during the period of one month ending with the date on which the claim for universal credit was made or treated as made; and

(c)payments in respect of the earlier award were, on the relevant date, subject to a restriction under section 5B, 6, 7 or, as the case may be, 8 of the Fraud Act 2001.

(5) Where this regulation applies—

(a)any subsequent payment of universal credit to the claimant in respect of an assessment period which falls wholly or partly within the remainder of the disqualification period applicable to the offender is to be reduced in accordance with regulation 37; and

(b)regulation 3ZB of the Loss of Benefit Regulations 2002(20) does not apply.

(6) This regulation does not apply if the earlier award was a joint-claim jobseeker’s allowance and—

(a)payments in respect of the award were, on the relevant date, subject to a restriction under section 7(2) of the Fraud Act 2001; or

(b)the award of universal credit is not made to joint claimants who were, on the relevant date, both entitled to the joint-claim jobseeker’s allowance.

(7) In this regulation and in regulation 37—

“the Fraud Act 2001” means the Social Security Fraud Act (Northern Ireland) 2001(21);

“the Loss of Benefit Regulations 2002” means the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002(22);

“disqualification period” has the meaning given in section 5B and 6 of the Fraud Act 2001, interpreted in accordance with regulations 1A and 2 of the Loss of Benefit Regulations 2002(23);

“earlier award” is to be interpreted in accordance with paragraph (2)(b), (3)(b) or, as the case may be, (4)(b) and, for the purposes of regulation 37, where there is more than one earlier award, the term refers to the award to which the claimant became entitled most recently;

“offender” means an offender within the meaning of sections 5B(1), 6(1), and 8(2)(c) of the Fraud Act 2001;

“offender’s family member” has the same meaning as in section 8(2)(a) of the Fraud Act 2001;

“the relevant date” means—

(a)

in relation to the first case—

(i)

where the claimant was not entitled to the earlier award on the date on which the claim for universal credit was made or treated as made, the date on which the earlier award terminated,

(ii)

where the claimant is not a new claimant partner and was entitled to the earlier award on the date on which the claim for universal credit was made, that date,

(iii)

where the claimant is a new claimant partner and was entitled to the earlier award on the date on which the claim for universal credit was treated as made, that date;

(b)

in relation to the second case, the date on which the person entitled to the earlier award ceased to be the offender’s family member or, if the award terminated before that date, the date on which the earlier award terminated;

(c)

in relation to the third case—

(i)

where the claimant was entitled to the earlier award but that entitlement terminated before the date on which the claim for universal credit was made or treated as made, the date on which the earlier award terminated,

(ii)

where the claimant is not a new claimant partner and was entitled to the earlier award on the date on which the claim for universal credit was made, that date,

(iii)

where the claimant is a new claimant partner and was entitled to the earlier award on the date on which the claim for universal credit was treated as made, that date,

(iv)

where the offender’s family member was entitled to the earlier award, the date on which that person ceased to be the offender’s family member or, if earlier, the date on which the earlier award terminated.

(8) For the purposes of this regulation, the fact that payments in respect of an earlier award were subject to a restriction is to be taken into account, even if the earlier award subsequently terminated before the date on which payments became subject to a restriction by virtue of an order made under Article 2(3) of the Order (in so far as it was an award of income-based jobseeker’s allowance or income-related employment and support allowance), regulation 5 or, as the case may be, regulation 6.

Loss of benefit penalties: reduction of universal credit

37.—(1) Subject to paragraph (6) and to regulation 39, where regulation 36 applies, the amount of a reduction of universal credit in respect of an assessment period is to be calculated by multiplying the daily reduction rate by the number of days in the assessment period, unless paragraph (2) applies.

(2) Where the disqualification period ends during an assessment period, the amount of the reduction for that assessment period is (subject to paragraph (6)) to be calculated by multiplying the daily reduction rate by the number of days in the assessment period which are within the disqualification period.

(3) Subject to paragraphs (4) and (5), the daily reduction rate where regulation 36 applies is an amount which is equal to—

(a)the monetary amount by which payments in respect of the earlier award were reduced in accordance with section 5B or 6 of the Fraud Act 2001 or, as the case may be, regulation 3, 3ZA(24) or 17 of the Loss of Benefit Regulations 2002 in respect of the last complete week before the relevant date (within the meaning of regulation 36);

(b)multiplied by 52;

(c)divided by 365; and

(d)rounded down to the nearest 10 pence.

(4) Where the monetary amount by which payments in respect of the earlier award would have been reduced would, if the claimant had remained entitled to the earlier award, have changed during the disqualification period because of an order made under section 132 of the Social Security Administration (Northern Ireland) Act 1992 (annual up-rating of benefits)—

(a)the daily reduction rate is to be calculated in accordance with paragraph (3), but on the basis of the new amount by which payments would have been reduced; and

(b)any adjustment to the reduction of universal credit is to take effect from the first day of the first assessment period to start after the date of the change.

(5) Where the earlier award was a joint-claim jobseeker’s allowance, the daily reduction rate is an amount which is equal to—

(a)the amount of the standard allowance(25) applicable to the joint claimants under regulation 38 of the Universal Credit Regulations (table showing amounts of elements);

(b)multiplied by 12;

(c)divided by 365;

(d)reduced by 60%; and

(e)rounded down to the nearest 10 pence.

(6) The amount of the reduction under this regulation in respect of any assessment period is not to exceed the amount of the standard allowance which is applicable to the claimant in respect of that period.

Loss of benefit penalties transition from working tax credit

38.—(1) This regulation applies where an award of universal credit is made to a claimant who—

(a)was previously entitled to working tax credit; and

(b)is an offender, within the meaning of sections 36A or 36C of the Tax Credits Act 2002(26).

(2) Where this regulation applies, the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 apply as if in regulation 3ZB of those Regulations—

(a)in paragraph (1) at the beginning there were inserted “Subject to regulation 39 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016,”;

(b)“disqualification period” includes a disqualification period within the meaning of sections 36A(6) and 36C(5) of the Tax Credits Act 2002;

(c)“offender” includes an offender within the meaning of the Tax Credits Act 2002; and

(d)“offender’s family member” includes a person who is a member of the family (within the meaning of section 133(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(27)) of a person who is an offender within the meaning of the Tax Credits Act 2002.

Loss of benefits penalties maximum total reduction

39.  Where regulations 36 and 38 both apply to a claimant, the total amount of a reduction of universal credit in respect of any assessment period under—

(a)regulation 37; and

(b)regulation 3ZB of the Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002,

must not exceed the amount of the standard allowance(28) which is applicable to the claimant in respect of that period.

(1)

Regulation 34A was inserted by regulation 2(2) of S.R. 1988 No. 67 and amended by regulation 7(b) of S.R. 1988 No. 141, regulation 3(7) of S.R. 1988 No. 369, regulation 3 of S.R. 1992 No. 271 and regulation 2(2) of S.R. 2001 No. 22. Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67.

(2)

In which case see regulation 20.

(3)

For cases where those sections do not apply, see Regulation 7 of the 2008 Regulations as amended.

(4)

Regulation 55ZA was inserted by regulation 2(5) of S.R. 2015 No. 138.

(6)

S.R. 1975 No. 113; Regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by regulation 3 of 2000 No. 404, regulation 2(2)(b) of S.R. 2003 No. 151,regulation 7(6)(a) of S.R. 2008 No. 286 and regulation 2(2) of S.R. 2010 No. 109. Sub-paragraph (a)(iva) was inserted by regulation 2 of S.R. 2016 No. 175.

(7)

In which case see paragraph (6).

(8)

Regulation 30 was amended by regulation 9(8) of S.R. 2010 No. 200.

(9)

See Articles 83-85 of the Order.

(10)

2001 c. 1.

(13)

Schedule 2 is modified in relation to certain persons by S.R. 2008 No. 503, as amended by S.R. 2009 No. 426. Paragraph 15 was amended by regulation 4(8)(c) of S.R. 2008 No. 428. Paragraph 16 was amended by regulation 5 of S.R. 2006 No. 407.

(14)

Schedule 6 is modified in relation to certain persons by S.R. 2008 No. 503, as amended by S.R. 2009 No. 426

(15)

S.R. 1987 No. 459; Schedule 3is modified in relation to certain persons by S.R. 2008 No. 503, as amended by S.R. 2009 No. 426. Paragraph 16 was amended by regulation 2(8)(c) of S.R. 2008 No. 248; Paragraph 17 was amended by regulation 5 of S.R. 2006 No. 407.

(16)

Paragraph 13 was amended by regulation 29(5) of S.R. 1996 No. 358, regulation 2(18)(a) of S.R. 1996 No. 503, regulation 7(2) of S.R. 1997 No. 165, regulation 13(3) of S.R. 1997 No. 541, regulation 11(4) of S.R. 1998 No. 324, regulation 2(6) of S.R. 1999 No. 107, regulation 2(2) of S.R. 1999 No. 315, Article 9(17)(b) of S.R. 1999 No. 428 (C. 32), paragraph 54(8)(b), (c), (d) and (e) of S.R. 2000 No. 350, regulation 12(b) of S.R. 2001 No. 78, regulation 9(b)(ii)(bb) and (iii) of S.R. 2001 No. 151, regulation 5 of S.R. 2002 No. 128, regulation 32(b) of S.R. 2003 No. 191, regulation 4(7) of S.R. 2005 No. 424, regulation 13(12)(b) of S.R. 2006 No. 359, regulation 4(14) of S.R. 2008 No. 112, regulation 19(25)(e) of S.R. 2008 No. 286, regulation 3(5) of S.R. 2008 No. 290, regulation 4(8)(b) of S.R. 2008 No. 428, regulation 2(10) of S.R. 2009 No. 141, regulation 7(8) of S.R. 2011 No. 135 and regulation 10(11)(b) of S.R. 2011 No. 357.

(17)

Paragraph 15 was amended by regulation 3(30)(d) of S.R. 2008 No. 413, regulation 14(10)(b), (c) and (d) of S.R. 2011 No. 135, regulation 21(15) of S.R. 2011 No. 357and regulation 5(7) of S.R. 2011 No. 368.

(18)

Paragraph 14 was amended by regulation 2(3)(i) of S.R. 1995 No. 434, regulation 24(b) of S.R. 1996 No. 199, regulation 5(10)(b) of S.R. 1996 No. 405, regulation 16(3) of S.R. 1997 No. 541, regulation 3(5) of S.R. 1998 No. 182, regulation8(4)(b) of S.R. 1998 No. 324, regulation 3 of S.R. 1999 No. 107, regulation 2(1) of S.R. 1999 No. 315, Article 7(11)(b)(i) and (ii) of S.R. 1999 No. 472 (C. 36), regulation 3(5) of S.R. 2000 No. 241, regulation 6 of S.R. 2001 No. 78, regulation 12(b)(ii)(bb) and (iv), regulation 5 of S.R. 2002 No. 128, regulation 24(6)(d) of S.R. 2003 No. 191, regulation 2(7) of S.R. 2005 No. 424, regulation 5(6)(b) of S.R. 2006 No. 359, regulation 2(9)(b)(ii) and (15) of S.R. 2008 No. 112, regulation 2(8)(b) of S.R. 2008 No. 248, regulation 12(11)(f) of S.R. 2008 No. 286 and regulation 3(7) of S.R. 2011 No. 135.

(19)

Regulation 63 was amended by regulation 10(8) of S.R. 2011 No. 265.

(20)

Regulation 3ZB was inserted by regulation 9 of S.R. 2016 No. 225.

(23)

Regulation 1A was inserted and regulation 2 was substituted by regulation 2(3) of S.R. 2011 No. 291.

(24)

Regulation 3ZA was inserted by regulation 8 of S.R. 2016 No. 225.

(25)

See Article 14 of the Order.

(26)

Sections 36A and 36C were inserted by section 120 of the Welfare Reform Act 2012 (c. 5).

(27)

1992 c. 4; The definition of “family” was amended by paragraph 46 of Schedule 24 to the Civil Partnership Act 2004 (c.33)

(28)

See Article 14 of the Order

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