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The Universal Credit (Transitional Provisions) (SDP Gateway) (Amendment) Regulations (Northern Ireland) 2019

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Citation and commencement

1.  These Regulations may be cited as the Universal Credit (Transitional Provisions) (SDP Gateway) (Amendment) Regulations (Northern Ireland) 2019 and come into force on 16th January 2019.

Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

2.—(1) The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(2) (interpretation) after the definition of “qualifying young person” insert—

“severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the ESA Regulations 2008 or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;.

(3) After regulation 2A(3) insert—

Restriction on claims for universal credit by persons entitled to a severe disability premium

2B.  No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and

(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.

Consequential amendments

3.—(1) The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017(4) is amended in accordance with paragraphs (2) and (3).

(2) In Article 8(1) (transitional provision where the Department determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance) before “regulation 40” insert “regulation 2B of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium) or”.

(3) In Article 24(2) (transitional provision: claims for housing benefit, income support or a tax credit) before “40” insert “2B or”.

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

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

11th January 2019

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