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The Welfare Reform (Northern Ireland) Order 2015

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, No. 2006

Entitlement

Entitlement

8.—(1) A single claimant is entitled to universal credit if the claimant meets—

(a)the basic conditions, and

(b)the financial conditions for a single claimant.

(2) Joint claimants are jointly entitled to universal credit if—

(a)each of them meets the basic conditions, and

(b)they meet the financial conditions for joint claimants.

Basic conditions

9.—(1) For the purposes of Article 8, a person meets the basic conditions who—

(a)is at least 18 years old,

(b)has not reached the qualifying age for state pension credit,

(c)is in Northern Ireland,

(d)is not receiving education, and

(e)has accepted a claimant commitment.

(2) Regulations may provide for exceptions to the requirement to meet any of the basic conditions (and, for joint claimants, may provide for an exception for one or both).

(3) For the basic condition in paragraph (1)(a) regulations may specify a different minimum age for prescribed cases.

(4) For the basic condition in paragraph (1)(b) the qualifying age for state pension credit is that referred to in section 1(6) of the State Pension Credit Act (Northern Ireland) 2002.

(5) For the basic condition in paragraph (1)(c) regulations may—

(a)specify circumstances in which a person is to be treated as being or not being in Northern Ireland;

(b)specify circumstances in which temporary absence from Northern Ireland is disregarded;

(c)modify the application of this Part in relation to a person not in Northern Ireland who is by virtue of sub-paragraph (b) entitled to universal credit.

(6) For the basic condition in paragraph (1)(d) regulations may—

(a)specify what “receiving education” means;

(b)specify circumstances in which a person is to be treated as receiving or not receiving education.

(7) For the basic condition in paragraph (1)(e) regulations may specify circumstances in which a person is to be treated as having accepted or not accepted a claimant commitment.

Financial conditions

10.—(1) For the purposes of Article 8, the financial conditions for a single claimant are that—

(a)the claimant’s capital, or a prescribed part of it, is not greater than a prescribed amount, and

(b)the claimant’s income is such that, if the claimant were entitled to universal credit, the amount payable would not be less than any prescribed minimum.

(2) For those purposes, the financial conditions for joint claimants are that—

(a)their combined capital, or a prescribed part of it, is not greater than a prescribed amount, and

(b)their combined income is such that, if they were entitled to universal credit, the amount payable would not be less than any prescribed minimum.

Restrictions on entitlement

11.—(1) Entitlement to universal credit does not arise—

(a)in prescribed circumstances (even though the requirements in Article 8 are met);

(b)if the requirements in Article 8 are met for a period shorter than a prescribed period;

(c)for a prescribed period at the beginning of a period during which those requirements are met.

(2) A period prescribed under paragraph (1)(b) or (c) may not exceed 7 days.

(3) Regulations may provide for exceptions to paragraph (1)(b) or (c).

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