PART 3AMENDMENTS OF SECONDARY LEGISLATION
CHAPTER 1SOCIAL SECURITY BENEFITS
Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations17
1
The Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations (Northern Ireland) 197532 are amended in accordance with paragraphs (2) and (3).
2
In regulation 1(2) (interpretation)33—
a
omit the definition of “contributory employment and support allowance”; and
b
after the definition of “the determining authority” insert—
“employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
3
In the title of regulation 3 (modifications, in relation to widows, of provisions with respect to unemployment and short-term incapacity benefit, contributory employment and support allowance, maternity allowance and Category A retirement pension) and in paragraphs (1)(a) and (b) and (5)(a) and (b) of that regulation omit “contributory” in each place it occurs.
Amendment of the Social Security (Benefit) (Members of the Forces) Regulations18
1
The Social Security (Benefit) (Members of the Forces) Regulations 197534 are amended in accordance with paragraphs (2) and (3).
2
In regulation 3 (unemployment benefit)—
a
in paragraph (1) (discharge or dismissal in consequence of conviction)35 after “(higher level sanctions)” insert “or Article 31 of the Welfare Reform (Northern Ireland) Order 2015 (higher level sanctions)”; and
b
in paragraph (3) (evidence of dismissal)36 after “Welfare Reform Act 2012” insert “or under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.
3
In regulation 5 (application of the Act, the Northern Ireland Act and regulations)37 after “Welfare Reform Act 2012 and regulations made under it,” insert “or of Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and regulations made under it,”.
Amendment of the Social Security (Mariners’ Benefits) Regulations19
1
The Social Security (Mariners’ Benefits) Regulations (Northern Ireland) 197538 are amended in accordance with paragraphs (2) to (4).
2
In regulation 1(2) (interpretation)39—
a
after the definition of “British ship” insert—
“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;
b
for the definition of “contributory employment and support allowance” substitute—
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
c
after the definition of “mariner” insert—
“new style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance;
3
In regulation 2 (days in periods of paid leave not to be treated as days of unemployment)40, in the words after sub-paragraph (d), after “that period of leave” insert “and, in relation to new style JSA, shall not be regarded as entitled to a jobseeker’s allowance for any day in that period”.
4
After regulation 6(1) (special provisions relating to days of unemployment etc.)41 insert—
1A
In relation to new style JSA, a mariner or share fisherman employed as such on board any ship or vessel shall be treated as complying with the work-related requirements referred to in Article 8(2) of the Jobseekers (Northern Ireland) Order 1995 during any period when he is absent from Northern Ireland if he would comply with those requirements but for the fact that he is absent from Northern Ireland.
Amendment of the Social Security (Medical Evidence) Regulations20
In regulation 1 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 (interpretation)42—
a
in paragraph (2)43—
i
for the definition of “limited capability for work” substitute—
“limited capability for work” has the meaning—
- a
for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act (Northern Ireland) 2007; and
- b
for the purposes of universal credit, given in Article 43 of the Welfare Reform (Northern Ireland) Order 2015;
ii
for the definition of “limited capability for work assessment” substitute—
“limited capability for work assessment” means the assessment of whether a person has limited capability for work—
- a
for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008,
- b
for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016,
- c
for the purposes of universal credit, under Part 5 of the Universal Credit Regulations (Northern Ireland) 2016;
b
after paragraph (4) insert—
5
For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—
a
“old style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance; and
b
“new style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance.
Amendment of the Social Security (Invalid Care Allowance) Regulations21
1
Regulation 7 of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (manner of electing the person entitled to a carer’s allowance in respect of a severely disabled person where, but for section 70(7) of the Contributions and Benefits Act, more than one person would be entitled to an invalid care allowance in respect of that severely disabled person)44 is amended in accordance with paragraphs (2) to (4).
2
In paragraph (1)—
a
for “be entitled for the same day to a carer’s allowance” substitute “have a relevant entitlement for the same day”;
b
for “shall be entitled” substitute “shall have that entitlement”;
c
for “be entitled to a carer’s allowance” substitute “have a relevant entitlement”; and
d
for “to be entitled” substitute “to have that entitlement”.
3
In paragraph (2)—
a
for “entitlement to carer’s allowance” substitute “a relevant entitlement”; and
b
after “a carer’s allowance” insert “or the carer element of universal credit”.
4
After paragraph (2) insert—
3
In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.
Amendment of the Social Security Benefit (Persons Abroad) Regulations22
In regulation 1(2) of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (interpretation)45 after the definition of “former principal Act” insert—
“jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;
Amendment of the Social Security (Overlapping Benefits) Regulations23
In regulation 2(1) of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 (interpretation)46—
a
after the definition of “child benefit” insert—
“contribution-based jobseekers allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has affect apart from those provisions;
b
after the definition of “contributory benefit” insert—
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
c
after the definition of “the enhanced rate”47 insert—
“income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Order;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
d
in the definition of “personal benefit”48, after the words “dependency benefit” insert “ or universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations24
In regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 (days to be treated as days of increment)49—
a
in paragraph (1)(e)—
i
at the end of paragraph (iii) omit “or”,
ii
at the end of paragraph (iv) insert “or”, and
iii
after paragraph (iv) insert—
v
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
b
in paragraph (2)(b)(ii) omit “contribution-based”; and
c
for paragraph (5) substitute—
5
In this regulation—
a
in paragraph (1) “couple” has the meaning—
i
apart from in relation to universal credit, given by section 133(1) of the Contributions and Benefits Act (interpretation of Part VII and supplementary provisions);
ii
in relation to universal credit, given by Article 45 of the Welfare Reform (Northern Ireland) Order 2015 (couples);
b
in paragraph (2) “jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions; and
c
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.
Amendment of the Social Security (General Benefit) Regulations25
In regulation 9 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984 (payments of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments)50—
a
in paragraph (5A)(a), (b) and (c) omit “contribution-based” in each place it occurs;
b
in paragraph (5B)(a) and (c) omit “contribution-based” in each place it occurs;
c
in paragraphs (5C) and (5D) omit “contribution-based” in each place it occurs; and
d
after paragraph (5D) insert—
5E
In this regulation “jobseeker’s allowance” means an allowance under the Jobseekers Order (Northern Ireland) 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions.
Amendment of the Income Support (General) Regulations26
1
The Income Support (General) Regulations (Northern Ireland) 198751 are amended in accordance with paragraphs (2) to (10).
2
In regulation 2(1) (interpretation)52—
a
after the definition of “concessionary payment” insert—
“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;
b
for the definition of “contributory employment and support allowance” substitute—
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
c
after the definition of “unemployment benefit” insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
3
In regulation 14(2) (persons of a prescribed description)53—
a
at the end of sub-paragraph (c) omit “or”;
b
at the end of sub-paragraph (d) insert “or”; and
c
after sub-paragraph (d) insert—
e
entitled to universal credit.
4
In regulation 31(2) (date on which income is treated as paid)54—
a
for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and
b
for “on the day of the benefit week” substitute “on any day”.
5
6
In regulation 75(b) (modifications in the calculation of income)57 for “or employment and support allowance” substitute “, employment and support allowance or universal credit”.
7
In paragraph 13 (severe disability premium) of Schedule 2 (applicable amounts)58—
a
in sub-paragraph (2)(a)(iii) after “the Contributions and Benefits Act” insert “or has an award of universal credit which includes the carer element”;
b
in the closing words of sub-paragraph (2)(b)—
i
after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”, and
ii
after “such an allowance” insert “or has such an award of universal credit”;
c
in sub-paragraph (3ZA)59 after “carer’s allowance” insert “or universal credit which includes the carer element”;
d
in sub-paragraph (3A)(b)60—
i
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”, and
ii
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;
e
in sub-paragraph (5)—
i
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”, and
ii
after “that allowance” insert “or had such an award”; and
f
after sub-paragraph (5) insert—
6
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.
8
In Schedule 3 (housing costs)61—
a
in paragraph 1(3)62—
i
at the end of paragraph (c) omit “or”;
ii
at the end of paragraph (d) insert “or”, and
iii
after paragraph (d) insert—
e
who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.
b
in paragraph 18 (non-dependant deductions)—
i
at the end of sub-paragraph (7)(g)(ii) omit “or”;
ii
at the end of sub-paragraph (7)(i)63 for “.” Substitute “; or”; and
iii
after sub-paragraph (7)(i) insert—
j
if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income.
iv
after sub-paragraph (8)64 insert—
9
For the purposes of sub-paragraph (7)(j) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.
9
In paragraph 7 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings)65—
a
at the end of sub-paragraph (c) omit “or”;
b
at the end of sub-paragraph (d) for “.” substitute “; or”; and
c
after sub-paragraph (d) insert—
e
universal credit.
10
In paragraph 7 of Schedule 10 (capital to be disregarded)—
a
in sub-paragraph (1)
ii
after paragraph (c) insert—
d
universal credit,
b
in sub-paragraph (3)67—
i
for “or of an income-based jobseeker’s allowance”, in both places where it occurs, substitute “, an income-based jobseeker’s allowance or universal credit”,
ii
in paragraph (a) for “either of” substitute “of any of”,
iii
in paragraph (b) for “either” substitute “any”,
iv
at the end of paragraph (b)(iii) insert “or” , and
v
after paragraph (b)(iii) insert—
iv
in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.
Amendment of the Social Security (Claims and Payments) Regulations27
1
The Social Security (Claims and Payments) Regulations (Northern Ireland) 198768 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2(1) (interpretation)69 after the definition of “State Pension Credit Regulations” insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
3
In regulation 16A(2) (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate)70—
a
in sub-paragraph (a) after “income support,” insert “universal credit,”; and
b
in sub-paragraph (b) after income-based jobseeker’s allowance” insert “or universal credit”.
Amendment of the Jobseeker’s Allowance Regulations28
1
The Jobseeker’s Allowance Regulations (Northern Ireland) 199671 are amended in accordance with paragraphs (2) to (10).
2
In regulation 1 (citation, commencement and interpretation)—
a
for the heading substitute “citation, commencement, interpretation and application”;
b
after paragraph (1) insert—
1A
These Regulations do not apply to a particular case on any day on which Article 39(1)(a) of the Welfare Reform (Northern Ireland) Order 2015 (abolition of income-based jobseeker’s allowance) is in operation and applies in relation to that case.
c
in paragraph (2)—
i
after the definition of “the Contributions Regulations” insert–
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
ii
after the definition of “training allowance” insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
3
At the end of regulation 76(2)(e) (persons of a prescribed description)72 insert—
; or
f
entitled to universal credit.
4
In regulation 96(2) (date on which income is treated as paid)73—
a
for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and
b
for “the day of the benefit week” substitute “any day”.
5
In regulation 103(5B)(c) (calculation of income other than earnings)74 after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act as the case may be”.
6
In regulation 153(b) (modification in the calculation of income)75 after “the Benefits Act” insert “, universal credit”.
7
In Schedule 1 (applicable amounts)76—
a
in paragraph 15 (severe disability premium)—
i
in sub-paragraph (1)(c) after “Benefits Act” insert “or has an award of universal credit which includes the carer element”,
ii
in sub-paragraph (2)(d) after “Benefits Act”, in both places it occurs, insert “or has an award of universal credit which includes the carer element”,
iii
in sub-paragraph (5)(b)—
aa
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
bb
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”,
iv
in sub-paragraph (7) after “carer’s allowance” insert “or universal credit which includes the carer element”,
v
in sub-paragraph (9)—
aa
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
bb
after “that allowance” insert “or had such an award”, and
vi
after sub-paragraph (9) insert—
10
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.
b
in paragraph 20I (severe disability premium – joint claim couples)77—
i
in sub-paragraph (1)(d) after “Benefits Act”, in both places it occurs, insert “or has an award of universal credit which includes the carer element”,
ii
in sub-paragraph (4)(b)—
aa
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
bb
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;
iii
in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”,
iv
in sub-paragraph (7)—
aa
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
bb
after “that allowance” insert “or had such an award”; and
v
after sub-paragraph (7) insert—
8
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.
8
In Schedule 2 (housing costs)—
a
in paragraph 1(3)—
i
at the end of paragraph (d) for “, or” substitute “;”;
ii
at the end of paragraph (e)78 for “.” Substitute “; or”, and
iii
after paragraph (e) insert—
f
who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.
b
in paragraph 17—
i
at the end of sub-paragraph (7)(h) omit “or”;
ii
at the end of sub-paragraph (7)(i)79 for “.” substitute “; or”,
iii
after sub-paragraph (7)(i) insert—
j
if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income.
iv
after sub-paragraph (8) insert—
9
For the purposes of sub-paragraph (7)(j) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.
9
In paragraph 8 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)80—
a
at the end of sub-paragraph (c) omit “or”;
b
at the end of sub-paragraph (d) insert “or”; and
c
after sub-paragraph (d) insert—
e
universal credit.
10
In paragraph 12(1)(b) of Schedule 7 (capital to be disregarded)81 after “working tax credit” insert “, universal credit”.
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations29
1
The Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 200082 are amended in accordance with paragraphs (2) to (4).
2
3
In regulation 2 (persons not excluded from specified benefits under section 115 of the Act)—
a
after paragraph (1) insert—
1A
For the purposes of entitlement to universal credit, a person falling within a category or description of persons specified in paragraphs 2, 3 and 4 of Part I of the Schedule is a person to whom section 115 of the Act does not apply.
b
in paragraph (5)—
i
after “entitlement to” insert “universal credit,”,
ii
for “a jobseeker’s allowance” substitute “an income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995”, and
iii
before “employment and support allowance” insert “income-related”.
4
In the heading to Part I of the Schedule (persons not excluded from certain benefits under section 115 of the Immigration and Asylum Act 1999)85 after “entitlement to” insert “universal credit,”.
Amendment of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations30
In regulation 5(3)(b) of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations (Northern Ireland) 2002 (exclusion orders)86 after “Benefits Act 1992,” insert “universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.
Amendment of the State Pension Credit Regulations31
1
The State Pension Credit Regulations (Northern Ireland) 200387 are amended in accordance with paragraphs (2) to (9).
2
In regulation 1(2) (interpretation)—
a
after the definition of “the Computation of Earnings Regulations”88 insert—
“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;
b
for the definition of “contributory employment and support allowance”89 substitute—
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform (Northern Ireland) Order 2015 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
c
after the definition of “the Housing Benefit (State Pension Credit) Regulations”90 insert—
“income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers (Northern Ireland) Order 1995;
d
after the definition of “the Skipton Fund”91 insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
3
In regulation 6(5)(b) (amount of the guarantee credit)92 after “(carers allowance)” insert “, or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,”.
4
In regulation 9(c) (qualifying income for the purposes of savings credit) omit “within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995”.
5
In regulation 13A(1)(a) (part-weeks)93 before “income support” insert “universal credit,”.
6
In regulation 13B(1)(d) (date on which benefits are treated as paid)94 omit “within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995”.
7
In paragraph 1 of Part 1 of Schedule 1 (circumstances in which persons are treated as being or not being severely disabled)95—
a
in sub-paragraph (1)(a)(iii) after the words “(carer’s allowance)” insert “, or has an award of universal credit which includes the carer element,”;
b
in the closing words of sub-paragraph (1)(b)—
i
after the words “under section 70 of the Contributions and Benefits Act” insert “, or has an award of universal credit which includes the carer element,”, and
ii
after the words “such an allowance” insert “under section 70, or has an award of universal credit which includes the carer element,”;
c
in sub-paragraph (1)(c)(iv) after the words “Contributions and Benefits Act” insert “, or has an award of universal credit which includes the carer element,”;
d
in sub-paragraph (2)(c) after the words “Contributions and Benefits Act” insert “, or as having an award of universal credit which includes the carer element,”; and
e
after sub-paragraph (3) insert—
4
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.
8
In Schedule 2 (housing costs)—
a
at the end of paragraph 1(2)(b)(iv)96 insert—
or
v
is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations;
b
in paragraph 14 (persons residing with the claimant)—
i
at the end of sub-paragraph (7)(f) omit “or”
ii
at the end of sub-paragraph (7)(g)97 for “.” substitute “; or”
iii
after sub-paragraph (7)(g) insert—
h
if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income.
iv
after sub-paragraph (8) insert—
9
For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.
9
In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income)—
b
in paragraph 20A(2)100—
i
at the end of paragraph (c) omit “or”, and
ii
at the end of paragraph (d) insert—
or
e
paragraph 18 of Schedule 10 to the Universal Credit Regulations (Northern Ireland) 2016,
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations32
In regulation 3 of the Social Security (Deferral of Retirement Pensions) Regulations (Northern Ireland) 2005 (amount of retirement pension not included in the calculation of the lump sum)101—
a
in paragraph (1)(aa)102—
i
at the end of paragraph (iii) omit “or”, and
ii
at the end of paragraph (iv) insert—
or
v
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
b
for paragraph (5A)103 substitute—
5A
In paragraph (1) “couple” has the meaning—
a
in relation to universal credit, given by Article 45 of the Welfare Reform (Northern Ireland) Order 2015; and
b
in relation to the other benefits referred to in paragraph (1)(a) or (aa), given by section 133(1) of the Contributions and Benefits Act.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations33
1
The Social Fund Maternity and Funeral Expenses (General) Regulations (Northern Ireland) 2005104 are amended in accordance with paragraphs (2) to (6).
2
In regulation 2 (interpretation)—
a
In paragraph (1)—
i
in the definition of “family”, at the beginning of sub-paragraph (c) insert “except where the claimant is in receipt of universal credit,”,
ii
in the definition of “partner”, at the end of sub-paragraph (b) insert “except that paragraph (b) does not apply where the claimant is in receipt of universal credit”,
iii
after the definition of “Sure Start Maternity Grant” insert—
“universal credit” means universal credit under Part 2 of the 2015 Order;
b
in paragraph (4)(b), at the beginning insert “except where the claimant is in receipt of universal credit,”.
3
In regulation 5(2) (entitlement)105—
a
at the end of sub-paragraph (e) omit “or”;
b
at the end of sub-paragraph (f) insert “or”; and
c
after sub-paragraph (f) insert—
g
universal credit.
4
In regulation 7(4)(a) (funeral payments: entitlement)106—
a
at the end of paragraph (vi) omit “or”;
b
at the end of paragraph (vii) insert “or”; and
c
after paragraph (vii) insert—
viii
universal credit.
5
After regulation 8(2)(b) (funeral payments: supplementary)107 insert—
ba
a qualifying young person under Article 15(5) of the 2015 Order (prescription of qualifying young person);
6
In regulation 10(1A)108—
a
for sub-paragraph (g) substitute—
g
employment and support allowance under—
i
Part 1 of the 2007 Act as amended by Schedule 3 and Part 1 of Schedule 2 to the 2015 Order (to remove references to an income related allowance), or
ii
Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3 and Part of Schedule 12 to the 2015 Order;
b
for sub-paragraph (o) substitute—
o
jobseeker’s allowance under—
i
the 1995 Order as amended by Part 1 of Schedule 12 to the 2015 Order (to remove references to an income based allowance), or
ii
the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order;
c
after sub-paragraph (ta)109 insert—
tb
universal credit under Part 2 of the 2015 Order;
Amendment of the Housing Benefit Regulations34
1
The Housing Benefit Regulations (Northern Ireland) 2006110 are amended in accordance with paragraphs (2) to (13).
2
In regulation 2(1) (interpretation)111—
a
for the definition of “contributory employment and support allowance” substitute—
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
b
after the definition of “training allowance” insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
3
In regulation 17(2) (persons of a prescribed description)112—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert “or”; and
c
after sub-paragraph (b) insert—
c
entitled to an award of universal credit
4
5
6
In regulation 53(2)(ea) (full-time students to be treated as not liable to make payments in respect of a dwelling)117 after “Employment and Support Allowance Regulations” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
7
In regulation 72 (non-dependant deductions)—
a
in paragraph (8)(a) and (b)118 after “the Welfare Reform Act (the support component and the work-related activity component)” insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and
b
after paragraph (10) insert—
11
For the purposes of paragraph (8) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.
8
After regulation 73F(1)(h) (exception to the benefit cap: receipt of specified benefit)119 insert—
i
the claimant is receiving universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.
9
In regulation 99(5) (method of recovery)120 after “Employment and Support Allowance Regulations ” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
10
In Schedule 4 (applicable amounts)—
a
in paragraph 14 (severe disability premium)121—
i
in sub-paragraph (2)(a)(iii) after “section 70 of the Act” insert “or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,
ii
in the closing words of sub-paragraph (2)(b)—
aa
after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”; and
bb
after “such an allowance” insert “or has such an award of universal credit”,
iii
in sub-paragraph (5)(b)—
aa
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
bb
after “be so entitled and in receipt” insert “or have such an award of universal credit”;
iv
in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”, and
v
in sub-paragraph (7)—
aa
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
bb
after “that allowance” insert “or had such an award of universal credit”;
b
in paragraph 20 (amounts of premiums specified in Part III)122—
i
in sub-paragraph (6)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”; and
ii
in sub-paragraph (6)(b)(ii) after “such an allowance” insert “or such an award of universal credit”;
c
in paragraph 21(c)(ii) (the components) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and
d
in paragraph 27(1)(b)(i) (transitional addition) after “Employment and Support Allowance Regulations” insert “or regulation 26 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, in either case”; and
e
in paragraph 29(1)(c)123 after “Employment and Support Allowance Regulations” insert “or regulation 86 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
11
In paragraph 10A(6)(a) of Schedule 5 (sums to be disregarded in the calculation of earnings)124 after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2016”.
12
After paragraph 8(d) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)125 insert—
e
universal credit.
13
After paragraph 9(1)(f) of Schedule 7 (capital to be disregarded)126 insert—
g
universal credit.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations35
1
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006127 are amended in accordance with paragraphs (2) to (9).
2
In regulation 2(1) (interpretation)128—
a
for the definition of “contributory employment and support allowance” substitute—
“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
b
after the definition of “training allowance” insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
3
In regulation 17(2) (persons of a prescribed description)129—
a
at the end of sub-paragraph (a) omit “or”;
b
at the end of sub-paragraph (b) insert “or”; and
c
after sub-paragraph (b) insert—
c
entitled to an award of universal credit.
4
In regulation 29(11)(ba) and (ca) (treatment of child care charges)130 after “Employment and Support Allowance Regulations ” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
5
In regulation 53 (non-dependant deductions)131—
a
in paragraph (8) after “work-related activity component)” in both places it occurs insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and
b
after paragraph (10) insert—
11
For the purposes of paragraph (8) “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations (Northern Ireland) 2016.
6
In regulation 80(5) (method of recovery)132 after “Employment and Support Allowance Regulations” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
7
In Schedule 4 (applicable amounts)—
a
in paragraph 6 (severe disability premium)133—
i
in sub-paragraph (2)(a)(iii) after “carer’s allowance” insert “under section 70 of the Act or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,
ii
in the closing words of sub-paragraph (2)(b)—
aa
after “carer’s allowance” insert “or has an award of universal credit that includes the carer element”; and
bb
after “such an allowance” insert “or has such an award of universal credit”,
iii
in sub-paragraph (7)(b)—
aa
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
bb
after “be so entitled and in receipt” insert “or have such an award of universal credit”,
iv
in sub-paragraph (8)(a) after “carer’s allowance” insert “or an award of universal credit which includes the carer element”, and
v
in sub-paragraph (8)(b)134—
aa
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
bb
after “that allowance” insert “or had such an award of universal credit”.
b
in paragraph 12 (amounts of premiums specified in Part III)135—
i
in sub-paragraph (1)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,”; and
ii
in sub-paragraph (1)(b)(ii) after “such an allowance” insert “or such an award of universal credit”.
8
In Schedule 5 (sums disregarded from claimant’s earnings)136—
a
in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and
b
in paragraph 5A(6)(a)137 after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
9
In paragraph 21(2) of Schedule 7 (capital to be disregarded)138—
a
at the end of paragraph (l) omit “or”;
b
at the end of paragraph (m) insert “or”; and
c
after paragraph (m) insert—
n
universal credit.
Amendment of the Employment and Support Allowance Regulations36
1
The Employment and Support Allowance Regulations (Northern Ireland) 2008139 are amended in accordance with paragraphs (2) to (10).
2
In regulation 1—
a
for the heading substitute “citation, commencement and application”; and
b
after paragraph (2) insert—
2A
These Regulations do not apply to a particular case on any day on which Article 39(1)(b) of the Welfare Reform (Northern Ireland) Order 2015 (abolition of income-related employment and support allowance) is in force and applies in relation to that case.
3
In regulation 2(1) (interpretation)—
a
after the definition of “confinement” insert—
“contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;
b
after the definition of “net profit” insert—
“new style ESA” means an allowance under Part 1 of the Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance;
c
after the definition of “training allowance” insert—
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;
4
In regulation 63(5) (reduction of employment and support allowance)—
a
after “contributory allowance” insert “including new style ESA”; and
b
after “this regulation” insert “or section 11J of the Act respectively”.
5
In regulation 93(2) (date on which income is treated as paid)—
a
for “or severe disablement allowance” substitute “, severe disablement allowance or universal credit”; and
b
for “the day of the benefit week” substitute “on any day”.
6
In regulation 167(b) (modification in the calculation of income) after “income support” insert “, universal credit”.
7
In paragraph 6 (severe disability premium)140 of Schedule 4 (amounts)—
a
in sub-paragraph (2)(a)(iii), for “a carer’s allowance under section 70 of the Contributions and Benefits Act” substitute “a carer’s allowance or has an award of universal credit which includes the carer element”;
b
in the closing words of sub-paragraph (2)(b)—
i
after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”, and
ii
after “such an allowance” insert “or has such an award of universal credit”;
c
in sub-paragraph (5)(b)—
i
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”, and
ii
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;
d
in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”;
e
in sub-paragraph (8)—
i
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”, and
ii
after “that allowance” insert “or had such an award”;
f
after sub-paragraph (9) insert—
10
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.
8
In Schedule 6 (housing costs)—
a
in paragraph 1(3) (housing costs - meaning of disabled person)—
i
at the end of paragraph (c) omit “or”,
ii
at the end of paragraph (d) insert “or”, and
iii
after paragraph (d) insert —
e
who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that that person has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations;
b
in paragraph 19(7) (non-dependant deductions)—
i
at the end of paragraph (g) omit “or”,
ii
at the end of paragraph (h) insert “or”,
iii
after paragraph (h) insert—
i
if the non-dependant is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that the non-dependant does not have any earned income.
iv
after sub-paragraph (7) insert—
7A
For the purposes of sub-paragraph (7)(i), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.
9
In paragraph 9(b) of Schedule 8, (sums to be disregarded in the calculation of income other than earnings)141 after “income support” insert “, universal credit”.
10
In paragraph 11 of Schedule 9 (capital to be disregarded)—
a
in sub-paragraph (1)(b) after “income-based jobseeker’s allowance” insert “, universal credit”;
b
in sub-paragraph (3)—
i
in head (a) and (b) after “income support” insert “, universal credit”,
ii
at the end of head (b)(ii) omit “or”,
iii
at the end of head (b)(iii) for the “.” substitute “; or”, and
iv
after head (b)(iii) insert—
iv
in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum