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The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

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Amendment of the Income Support (General) Regulations

This section has no associated Explanatory Memorandum

26.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation)(2)—

(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;; and

(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)(3)—

(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)(4)—

(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) In regulation 40(6)(c) (calculation of income other than earnings)(5) after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act(6) as the case may be”.

(6) In regulation 75(b) (modifications in the calculation of income)(7) 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)(8)—

(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)(9) after “carer’s allowance” insert “or universal credit which includes the carer element”;

(d)in sub-paragraph (3A)(b)(10)—

(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)(11)—

(a)in paragraph 1(3)(12)—

(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.; and

(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)(13) 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., and

(iv)after sub-paragraph (8)(14) 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)(15)—

(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,; and

(b)in sub-paragraph (3)(16)—

(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..

(2)

Regulation 2(1) was amended by regulation 2 of S.R. 1989 No. 365, regulation 12 of S.R. 2008 No. 286 and regulation 2 of S.R. 2008 No. 498; there are other amendments that are not relevant to these Regulations

(3)

Regulation 14 was amended by paragraph 2 of Schedule 1 to S.R. 2003 No. 1, paragraph 2 of Schedule 1 to S.R. 2005 No. 319, regulation 2 of S.R. 2006 No. 128 and regulation 12 of S.R. 2008 No. 286

(4)

Regulation 31(2) was amended by regulation 14 of S.R. 1988 No. 146, regulation 7 of S.R. 1988 No. 318, regulation 2 of S.R. 1995 No. 67, regulation 15 of S.R. 1996 No. 199, and regulation 12 of S.R. 2008 No. 286

(5)

Section 40(6) was inserted by regulation 12 of S.R. 2008 No. 286

(6)

Section 11J was inserted by Article 63 of the Welfare Reform (Northern Ireland) Order 2015 S.I. 2015/2006

(7)

Regulation 75(b) was amended by regulation 16 of S.R. 1988 No. 318, regulation 2 of S.R. 1995 No. 67, regulation 20 of S.R. 1996 No. 199 and regulation 12 of S.R. 2008 No. 286

(8)

Paragraph 13 was amended by regulation 30 of S.R. 1988 No. 146, regulation 2 of S.R. 1994 No. 327, regulation 4(2) of S.R. 2000 No. 74, regulation 3 of S.R. 2002 No. 80, regulation 3 of S.R. 2002 No. 323, regulation 2 of S.R. 2007 No. 154, regulation 4 of S.R. 2011 No. 291 and regulation 14(5) of S.I. 2013/3021

(9)

Sub-paragraph (3ZA) was inserted by regulation 2(9)(b) of S.R. 1994 No. 327 and amended by paragraph 1(g) of the Schedule to S.R. 2002 No. 323, and regulation 2(7)(e)(i) of S.R. 2007 No. 154

(10)

Sub-paragraph (3A) was inserted by regulation 30(d) of S.R. 1988 No. 146 and amended by regulation 10(4)(c) of S.R. 1992 No. 6, regulation 4(2)(a)(iii) of S.R. 2000 No. 74 and paragraph 1(g) of the Schedule to S.R. 2002 No. 323

(11)

Schedule 3 was substituted by regulation 2 of and Schedule 1 to S.R. 1995 No. 301

(12)

Paragraph 1(3) was amended by regulation 2 of S.R. 1995 No. 434, regulation 5 of S.R 2006 No. 359 and regulation 12 of S.R 2008 No. 286

(13)

Paragraph 18(7)(i) was amended by regulation 12(11)(g) of S.R. 2008 No. 286 and regulation 2(3) of S.R. 2013 No. 67

(14)

Paragraph 18(8) was amended by regulation 2(3)(j)(iii) of S.R. 1995 No. 434, regulation 2(5)(e) of S.R. 2008 No. 428, regulations 2(3)(e) and 2(7)(d) of S.R. 2010 No. 69, regulation 7(5)(c) of S.R. 2011 No. 357 and regulation 14(6)(b) of S.R. 2013 No. 3021

(15)

Paragraph 7 was amended by regulation 9 of S.R. 1998 No. 81 and regulation 2 of S.R. 2008 No. 498

(16)

Paragraph 7(3) was added by regulation 2(b) of S.R. 2002 No. 295 and amended by regulation 12(15)(b) of S.R. 2008 No. 286

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