PART 3AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 1SOCIAL SECURITY BENEFITS

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

In regulation 40(6)(c) (calculation of income other than earnings)55 after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act56 as the case may be”.

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.