The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 10 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2018

Citation

1.  This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 10 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2018.

Interpretation

2.—(1) In this Order—

“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

“the amending provisions” means the provisions referred to in Article 6(1)(a) to (c) of the No. 8 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance);

“claimant”—

(a)

in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act (Northern Ireland) 2007(1), save as mentioned in Article 7(1) of the No. 8 Order as applied by Article 4(7) of this Order;

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the Jobseekers (Northern Ireland) Order 1995(2) (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 the No. 8 Order as applied by Article 4(7) of this Order;

(c)

in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order(3);

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(4);

“the Department” means the Department for Communities;

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

“joint claimants”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order;

“List of the No. 4 Relevant Districts” means the List of the No. 4 Relevant Districts issued by the Department for Work and Pensions on 15th January 2018 (5);

“List of the No. 5 Relevant Districts” means the List of the No. 5 Relevant Districts issued by the Department for Work and Pensions on 15th January 2018;

“List of the No. 6 Relevant Districts” means the List of the No. 6 Relevant Districts issued by the Department for Work and Pensions on 15th January 2018;

“List of the No. 7 Relevant Districts” means the List of the No. 7 Relevant Districts issued by the Department for Work and Pensions on 15th January 2018;

“No. 4 relevant districts” means the postcodes specified in the table in the List of the No. 4 Relevant Districts;

“No. 5 relevant districts” means the postcodes specified in the table in the List of the No. 5 Relevant Districts;

“No. 6 relevant districts” means the postcodes specified in the table in the List of the No. 6 Relevant Districts;

“No. 7 relevant districts” means the postcodes specified in the table in the List of the No. 7 Relevant Districts;

“the No. 8 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017(6);

“single claimant”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order.

(2) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(7) 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.

(3) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraphs (4) and (5), for the purposes of deciding—

(a) whether a claim for an employment and support allowance or a jobseeker’s allowance is made; and

(b) the date on which such claim is made or treated as made.

(4) Subject to paragraph (5), for the purposes of this Order—

(a) a person makes a claim for an employment and support allowance or a jobseeker’s allowance if they take any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

(b) it is irrelevant that the effect of any provision of those Regulations is that, for the purposes of those Regulations, the claim is made or treated as made at a date that is earlier than the date on which that action is taken.

(5) Where, by virtue of—

(a) regulation 6(1D)(b) or (c) of the Claims and Payments Regulations 1987(8), in the case of a claim for an employment and support allowance; or

(b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations(9), in the case of a claim for a jobseeker’s allowance,

a claim for an employment and support allowance or a jobseeker’s allowance is treated as made at a date earlier than the date on which the action referred to in paragraph (4)(a) is taken, the claim is treated as made on that earlier date.

Day appointed for the coming into force of the universal credit provisions

3.—(1) The day appointed for the coming into force of the provisions of the 2015 Order listed in Schedule 1 to the No. 8 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit that is made on or after 17th January 2018 in respect of a period that begins on or after 17th January 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 4 relevant districts;

(b) a claim for universal credit that is made on or after 7th February 2018 in respect of a period that begins on or after 7th February 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 5 relevant districts;

(c) a claim for universal credit that is made on or after 21st February 2018 in respect of a period that begins on or after 21st February 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 6 relevant districts;

(d) a claim for universal credit that is made on or after 7th March 2018 in respect of a period that begins on or after 7th March 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 7 relevant districts;

(e) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (d) in respect of a period that begins on or after that date where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district on the date on which the claim is made;

(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district and one or both of them does not or do not reside in such a district on the date on which the claim is made,

and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Department discovers that incorrect information has been given regarding such residence.

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) Article 4(6) of the No. 8 Order applies for the purposes of paragraph (3) as it applies for the purposes of Article 4(5) of the No. 8 Order.

(5) Article 5 of the No. 8 Order applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives or give incorrect information regarding his or her (or their) residing in one of the No. 4, the No. 5, the No. 6, or the No. 7 relevant districts, as it applies in connection with the giving of incorrect information regarding a claimant residing in one of the No. 1 relevant districts (as defined in the No. 8 Order).

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance

4.—(1) The day appointed for the coming into force of the amending provisions in relation to the case of a claim referred to in paragraph (2) and any award that is made in respect of such a claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit that is made on or after 17th January 2018 in respect of a period that begins on or after 17th January 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 4 relevant districts;

(b) a claim for universal credit that is made on or after 7th February 2018 in respect of a period that begins on or after 7th February 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 5 relevant districts;

(c) a claim for universal credit that is made on or after 21st February 2018 in respect of a period that begins on or after 21st February 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 6 relevant districts;

(d) a claim for universal credit that is made on or after 7th March 2018 in respect of a period that begins on or after 7th March 2018 where, on the date on which the claim is made, the claimant resides in one of the No. 7 relevant districts;

(e) a claim for universal credit that is made on or after the date referred to in any of sub-paragraphs (a) to (d), in respect of a period that begins on or after that date where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district on the date on which the claim is made;

(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in such a district and one or both of them does not or do not reside in such a district on the date on which the claim is made,

and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Department discovers that incorrect information has been given regarding such residence;

(f) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 17th January 2018 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 4 relevant districts;

(g) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 7th February 2018 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 5 relevant districts;

(h) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 21st February 2018 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 6 relevant districts;

(i) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 7th March 2018 where, on the date on which the claim is made or treated as made, the claimant resides in one of the No. 7 relevant districts;

(j) a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraphs (f) to (i) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have made a claim for universal credit within any of sub-paragraphs (a) to (e).

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(4) For the purposes of paragraph (2)(j), “relevant period” means, in relation to a claim for universal credit within sub-paragraphs (a) to (d), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

(5) For the purposes of paragraph (4), a “UC claim period” is a period when—

(a) a claim for universal credit within any of sub-paragraphs (a) to (d) of paragraph (2), or within sub-paragraph (e)(i) or (ii) of that paragraph, has been made but a decision has not yet been made on the claim, or

(b) a decision has been made that the claimant is not entitled to universal credit and—

(i) the Department is considering whether to revise that decision under Article 10 of the Social Security (Northern Ireland) Order 1998(10), whether on an application made for that purpose, or on the Department’s own initiative; or

(c) the claimant has appealed against that decision to the Appeal Tribunal(11) and that appeal or any subsequent appeal to the Commissioner(12) or to a court has not been finally determined.

(6) Paragraphs (4), (5), (6) and (7) of Article 6 of the No. 8 Order apply in relation to a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to a claim for universal credit referred to in sub-paragraphs (a) and (b) of Article 6(2) of the No. 8 Order (and any award that is made in respect of the claim).

(7) Paragraphs (1) and (2) of Article 7 of the No. 8 Order apply for the purposes of sub-paragraphs (f) to (i) of paragraph (2), as they apply for the purposes of Article 6(2)(c) of the No. 8 Order.

(8) Article 7(8) of the No. 8 Order applies for the purposes of paragraph (3) as it applies for the purposes of Article 6(3) of the No. 8 Order.

Application of the No. 8 Order

5.  Articles 10 to 23 of the No. 8 Order apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in Article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in Article 6(2) of the No. 8 Order and any award made in respect of the claim.

Transitional provision: claims for housing benefit, income support or a tax credit

6.  Article 24 of the No. 8 Order (prevention of claims for housing benefit, income support or a tax credit) applies as though the reference in paragraph (1) of that Article to Article 4(3) and (4)(a) of that Order included a reference to Article 3(1) and 2(a) to (d) of this Order.

Amendment of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017

7.—(1) The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017(13) is amended in accordance with paragraphs (2) to (3).

(2) In Article 2—

(a) in paragraph (1) in the definitions of “List of the No. 2 Relevant Districts” and “List of the No. 3 Relevant Districts”, for “15th November 2017” substitute “13th November 2017”;

(b) in paragraph (4)(b), after “the claim is” omit “not.

(3) In Article 6, after “Article 3(1) and (2)(a)” insert “and (b)”.

Signed by authority of the Secretary of State for Work and Pensions

Alok Sharma

Minister of State

Department for Work and Pensions

15th January 2018