Interpretation2
1
In this Order—
“the 1992 Act” means the Social Security Administration (Northern Ireland) Act 19922;
“the 1995 Order” means the Jobseekers (Northern Ireland) Order 19953;
“the 1998 Order” means the Social Security (Northern Ireland) Order 19984;
“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 20075;
“the 2010 Transitional Regulations” means the Employment and Support Allowance (Transitional Provision and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 20106;
“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;
“the 2016 Transitional Regulations” means the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 20167;
“the amending provisions” means the provisions referred to in Article 6(1)(a) to (c);
“Appeal Tribunal” has the same meaning as in Article 39 of the 1998 Order;
“appointed day” means the day appointed for the coming into force of the amending provisions in accordance with Article 6(3);
“claimant”—
- a
in relation to an employment and support allowance, has the same meaning as in Part 1 of the 2007 Act, save as mentioned in Article 7(1) of this Order;
- b
in relation to a jobseeker’s allowance, has the same meaning as in the 1995 Order (as it applies apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based jobseeker’s allowance), save as mentioned in Article 7(1) of this Order;
- c
in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order8;
- a
“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 19879;
“the Claims and Payments Regulations 2016” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 201610;
“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more of the Commissioners constituted under Article 16(7) of the 1998 Order;
“contribution-based jobseeker’s allowance” means a contribution-based allowance under the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance;
“contributory employment and support allowance” means a contributory allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance;
“conversion decision” has the meaning given by the 2010 Transitional Regulations;
“the Department” means the Department for Communities;
“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act;
“the ESA Regulations 2008” means the Employment and Support Allowance Regulations (Northern Ireland) 200811;
“the ESA Regulations 2016” means the Employment and Support Allowance Regulations (Northern Ireland) 201612;
“housing benefit” means housing benefit under section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 199213;
“income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under the 1995 Order;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the 2007 Act;
“income support” means income support under section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“List of the No. 1 Relevant Districts” means the List of the No. 1 Relevant Districts issued by the Department on 25th September 201714;
“jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Order;
“joint claimants”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order15;
“the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations (Northern Ireland) 199616;
“the JSA Regulations 2016” means the Jobseeker’s Allowance Regulations (Northern Ireland) 201617;
“new style ESA” means an employment and support allowance under Part 1 of the 2007 Act 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 “new style ESA award” shall be construed accordingly;
“new style JSA” means a jobseeker’s allowance under the 1995 Order as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance and “new style JSA award” shall be construed accordingly;
“No. 1 relevant districts” means the postcodes specified in the table in the List of the No. 1 Relevant Districts;
“old style ESA” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance and “old style ESA award” shall be construed accordingly;
“old style JSA” means a jobseeker’s allowance under the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based jobseeker’s allowance and “old style JSA award” shall be construed accordingly;
“single claimant”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order;
“tax credit” (including “child tax credit” and “working tax credit”) has the same meaning as in the Tax Credits Act 200218.
2
For the purposes of this Order, the Claims and Payments Regulations 2016 apply for the purposes of deciding—
a
whether a claim for universal credit is made; and
b
the date on which such a claim is made.