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The Welfare Reform (Northern Ireland) Order 2015

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The Welfare Reform (Northern Ireland) Order 2015, PART 1 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 12 Part 1:

  • specified provision(s) amendment to earlier commencing S.R. 2009/4 by S.R. 2019/107 art. 2
  • specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/4 art. 5
  • specified provision(s) amendment to earlier commencing S.R. 2017/190 by S.R. 2019/7 art. 3
  • specified provision(s) amendment to earlier commencing S.R. 2017/216 by S.R. 2018/1 art. 7
  • specified provision(s) amendment to earlier commencing SR 2016/46, art. 5(a) by S.R. 2016/166 art. 3

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

PART 1N.I.Abolition of benefits superseded by universal credit

Modifications etc. (not altering text)

Commencement Information

I1Sch. 12 Pt. 1 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 6, Sch. 2 (with arts. 7, 8, 10-25, Sch. 3)

I2Sch. 12 Pt. 1 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 4 (with art. 5) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I3Sch. 12 Pt. 1 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 4 (with art. 5) (as amended (19.7.2018) by S.R. 2018/138, art. 8)

I4Sch. 12 Pt. 1 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 4 (with art. 5) (as amended (19.7.2018) by S.R. 2018/138, art. 9)

I5Sch. 12 Pt. 1 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 4 (with art. 5)

I6Sch. 12 Pt. 1 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(5)-(7) (with art. 2(8)-(12))

Short TitleExtent of Repeal
The Dogs (Northern Ireland) Order 1983 (NI 8)Article 7(10)(c) to (g).
The Education Reform (Northern Ireland) Order 1989 (NI 20)In Article 131(3)(b), the words from “income support,” to “Part 1 of the Welfare Reform Act (Northern Ireland) 2007) or”.
The Child Support (Northern Ireland) Order 1991 (NI 23)

In Article 2(2), the definitions of—

(a) “income support”;

(b) “income-based jobseeker's allowance”;

(c) “income-related employment and support allowance”.

In paragraph 5(4) of Schedule 1, as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, the words from “income support” to “support allowance”.
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

In section 22—

(a) in subsections (2)(a) and (5), “contribution-based”;

(b) subsection (8).

In section 44A(7), “contributory”.
In section 121(1), the definition of “contribution-based jobseeker's allowance”.
Sections 122 to 133.
Section 146(3).
Section 171(6) and (6A).
In Schedule 3, in paragraph 5(6B), “or 4(2)(b)”.
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)Section 1(4)(b).
Sections 2A to 2H.

In section 5—

(a) subsection (2)(b) and (e);

(b) in subsection (5), “or housing benefit”.

Section 5A(1) to (5).
In section 5B(2)(b), from “or was verified” to the end.

In section 13A—

(a) in subsection (1)(a), the words from “income support” to “employment and support allowance”;

(b) in subsection (1)(b), the words from “or the applicable amount” to “employment and support allowance”;

(c) in subsection (1), in the words after paragraph (b), the words from “or the applicable amount” to “employment and support allowance”;

(d) in subsection (4), in the definition of “qualifying associate”, “income support, an income-based jobseeker's allowance,”, “or an income-related employment and support allowance,”, “Part VII of the Contributions and Benefits Act”, “the Jobseekers (Northern Ireland) Order 1995,” and “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”;

(e) in subsection (4), in the definition of “relevant benefits”, paragraph (b).

Section 69(11)(b).
Section 69ZH(1)(c) and (d) (as inserted by Article 109 of this Order).
Section 69A.
In section 71(1) and (4)(b), “contribution-based”.

In section 72—

(a) in subsection (1)(b), “income support, an income-based jobseeker's allowance,” and “or an income-related employment and support allowance”;

(b) in subsection (2)(b), “income support, an income-based jobseeker's allowance,” and “or an income-related employment and support allowance”;

(c) subsection (3);

(d) in subsection (4) “or (3)” and paragraph (b) and the preceding “and”.

Section 73 (and the preceding cross-heading).
In section 74(6)(d), “income support or an income-based jobseeker's allowance”.
In the heading to Part 5, “Income support and”.

In section 100—

(a) in subsection (1)(b), the words from “income support” to “support allowance”;

(b) in subsection (3) the words “Subject to subsection (4) below,”;

(c) subsection (3)(b) and the preceding “or”;

(d) subsection (4).

In section 101(1), (4), (5), (6)(a) and (b), “income support or”.
In section 103(1)(a), “income support or”.

In section 103A—

(a) subsection (3)(b) and (c);

(b) subsections (6) and (7).

Sections 104A and 104AA.

In section 105—

(a) in subsection (1)(ab), “or 104AA”;

(b) in subsection (3), “or 104A”.

In section 109A—

(a) in subsection (1), “or the Housing Executive”, “69A or 73” and “or the Executive”;

(b) in subsection (1A) (as inserted by Article 115 of this Order), “or the Housing Executive” in both places and “69A or 73”;

(c) in subsection (2), “or the Housing Executive” and “or the Executive”;

(d) in subsection (5), “or the Housing Executive” and “or the Executive”;

(e) subsections (7A) and (7B).

In section 109B—

(a) in subsection (1), “or the Housing Executive”;

(b) in subsection (3), “or the Housing Executive”;

(c) in subsection (3)(c), “or the Housing Executive”;

(d) in subsection (4)(a) (as substituted by Article 109 of this Order), “ or the Housing Executive ”;

(e) in subsection (4A) (as so substituted), the words from “ (and, where ” to the end;

(f) in subsection (6), “or the Housing Executive” in both places.

In section 110—

(a) in subsection (1), the words “, the Department of the Environment or the Housing Executive”;

(b) in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by Article 113 of this Order);

(c) subsection (2)(b) and the preceding “and”;

(d) in subsection (3)(a), “or of the Department of the Environment” and “or (b)”;

(e) subsection (3)(b) and the preceding “and”.

Section 110ZA.
Section 110A.
Section 115CA(6).
Section 116B(3)(c) and the preceding “or”.
Sections 116C and 116D.

In section 119(1)—

(a) “income support, an income-based jobseeker's allowance”;

(b) “an income-related employment and support allowance”.

Sections 126 to 128H.
Section 139.

In section 139B—

(a) in subsection (1)(b)(iii), “contribution-based”;

(b) in subsection (6), in the definitions of “alteration” and “component”, “contribution-based”.

In section 139D (as inserted by Schedule 2 to this Order)—

(a) in subsection (1)(b)(iv), “contribution-based”;

(b) in subsection (6), in the definitions of “alteration” and “component”, “contribution-based”.

Sections 140 and 140A.
In section 140B(5), “or 4(2)(a)”.
In section 149(5), in the definition of “the relevant enactments”, paragraph (aj).
Section 155(5)(a) and (d).
Section 155A(5).
Section 158A(3)(b) and (d) and “or” immediately preceding paragraph (d).

In section 158B—

(a) subsection (2);

(b) in subsections (3) to (6), “or (2)” in every place.

Section 163(1)(b).
In section 165, subsections (7), (7A) and (8).
Section 166(2)(aa) and (aaa).

In section 167(1) in the definition of “the Department”—

(a) in paragraph (a), “to 116D”; and

(b) in paragraph (b), “2E, 2F, 2G (except in the second reference in subsection (11)(c))” and “, 116C and 116D”.

In section 167(1) the definitions of—

(a) “contribution-based jobseeker's allowance”;

(b) “contributory employment and support allowance”;

(c) “income-based jobseeker's allowance”;

(d) “income-related benefit”;

(e) “income-related employment and support allowance”.

In Schedule 7, paragraph 3(3).
The Social Security (Amendment) (Northern Ireland) Order 1993 (NI 8)Article 3(2) and (3).
The Children (Northern Ireland) Order 1995 (NI 2)

In Article 2(2)—

(a) the definition of “income-based jobseeker's allowance”;

(b) the definition of “income-related employment and support allowance”.

In Article 18—

(a) in paragraph (9), the words from “of income support” to the end;

(b) paragraph (10).

In Article 18C(7)(b), the words from “of income support” to the end.
In Article 24(3), the words from “of income support” to the end.
In Article 39(4), the words from “income support” to the end.

In Article 183—

(a) in paragraph (1), “to (4)”;

(b) paragraph (4).

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

In Article 2(2)—

(a) in the definition of “claimant”, the words from “except” to the end;

(b) the definitions of “contribution-based jobseeker's allowance”, “income-based conditions”, “income-based jobseeker's allowance”, “income-related employment and support allowance”, “joint-claim couple” and “joint-claim jobseeker's allowance” and “the nominated member”.

Article 3(2A) to (2D) and (4).

In Article 4—

(a) paragraph (1)(d) and the preceding “and”;

(b) in paragraph (3C), in the definition of “benefit”, in sub-paragraph (d), “contribution-based”;

(c) in paragraph (3C), in the definition of “benefit”, sub-paragraph (e) and the preceding “and”.

Articles 5 to 5B.

In Article 6—

(a) in paragraph (1), “contribution-based”;

(b) paragraphs (3), (3A) and (6) to (11A).

Article 6A.

In Article 7—

(a) in the heading and in paragraph (1), “contribution-based”;

(b) in paragraph (2), “contribution-based”, in the first two places;

(c) in paragraph (3), “contribution-based”.

Article 15.
Articles 17 to 19.
In Article 19A(10), the definition of “claimant”.
Article 20.
Article 25.
Articles 27 and 28.
Article 30.
Article 31(6)(c) and (d) and (7).
Article 32.
Article 37(1)(b).

In Article 38—

(a) in paragraphs (1) and (2), “contribution-based”;

(b) paragraph (4).

Article 39.

In Schedule 1—

(a) in paragraph 6(1), “contribution-based”;

(b) paragraphs 8 and 8A;

(c) paragraphs 9 to 10;

(d) in paragraph 11(1), “contribution-based”;

(e) in paragraph 16(1) and (2)(d), “contribution-based”;

(f) paragraph 18(b) and (c).

In Schedule 2 paragraphs 12 to 18, 36(4), 51(3) and (4).
The Social Security Administration (Fraud) (Northern Ireland) Order 1997 (NI 11)Article 3.
Article 4(1).
Article 5 (and the preceding cross-heading).
Articles 6 to 9.
Article 15.
In Schedule 1, paragraph 2.
The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)In Schedule 2, in the second column of the table, the reference to income support.
The Social Security (Northern Ireland) Order 1998 (NI 10)Article 9(3)(c).
In Article 9(4), the words from “, other than” to the end.
In Article 15(12), “or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000”.
Article 34 (and the preceding cross-heading).
In Article 39(1) the definition of “claimant” as inserted by the Welfare Reform and Pensions (Northern Ireland) Order 1999.
Article 73(8)(d).
Article 74(7).
In Article 76(1A)(a), the words “, income support”.

In Schedule 2—

(a) paragraph 1 (and the preceding heading);

(b) paragraph 5A (and the preceding heading);

(c) paragraph 6(b)(i);

(d) paragraph 7 (and the preceding heading).

In Schedule 3—

(a) in paragraph 3(f), “, 7”;

(b) in paragraph 5, “or 69A”.

In Schedule 6, paragraphs 73, 75, 76, 108, 109 and 114.
The Immigration and Asylum Act 1999 (c. 33)

In section 115—

(a) in subsection (2) the words from “, to income-related allowance” to “support allowance)”;

(b) subsection (2)(a).

The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)Articles 54 and 55.
Article 69(3)(a).
In Schedule 7, paragraphs 2, 3(3) and (4), 5 to 7, 10 to 12, 15 and 16.
In Schedule 8, paragraph 27(2), (4), (5) and (7).
In Schedule 9, paragraphs 55, 56, 58, 59 and 61.
The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)Section 59.
In section 60(1)(a), “housing benefit or”.
Sections 61 and 62.
In section 69(2) the definition of “the Housing Executive”.
In Schedule 6, paragraph 3.
Schedule 7.
The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)Section 1(5).
Section 2(2).
In section 4(2)(a)(ii), “or 104AA”.
Section 4(4).
Section 5.
In section 5A, in the definition of “sanctionable benefit”, in paragraph (a) “other than joint claim jobseeker's allowance”.

In section 5B—

(a) in subsection (2)(b)(i), “or the Northern Ireland Housing Executive”;

(b) in subsection (2)(b)(ii), “or an authority which administers housing benefit or council tax benefit”;

(c) subsections (6), (7), (9) and (10).

In section 6—

(a) subsections (3), (4), (4B) and (5);

(b) in subsection (10), “7 or” in both places;

(c) in subsection (10)(a), “, 8”.

Section 7.

In section 8—

(a) subsection (1)(a), (b), (bc) and (c); and

(b) subsections (3), (4), (4B) and (5).

In section 9(2), “, 7”.

In section 10(3)—

(a) paragraph (b);

(b) paragraph (d).

In section 12, the definitions of—

(a) “income-based jobseeker's allowance”, “joint-claim jobseeker's allowance” and “joint-claim couple”;

(b) “income-related allowance”.

Section 13.
The Social Security Act (Northern Ireland) 2002 (c. 10)Section 5.
Section 6(2) and (3).
In Schedule 1, paragraphs 6, 7, 8(a), 9 and 10.
The State Pension Credit Act (Northern Ireland) 2002 (c. 14)Section 15(1)(b).
In section 17(1), the definition of “working tax credit”.
In Schedule 2, paragraphs 2 to 4 and 24 to 26.
The Housing Support Services (Northern Ireland) Order 2002 (NI 8)Article 8.
The Audit and Accountability (Northern Ireland) Order 2003 (NI 5)In Schedule 2, paragraphs 4 and 5.
The Income Tax (Earnings and Pensions) Act 2003 (c. 1)In Schedule 6, paragraphs 200 and 233 to 235.
The Civil Partnership Act 2004 (c. 33)In Schedule 24, paragraphs 96 to 99, 102(3), 107 and 131 to 137.
The Pensions (Northern Ireland) Order 2005 (NI 1)Article 213.
The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

In section 1—

(a) in subsection (2), in the opening words, “either”;

(b) in subsection (2)(a), “Part 1 of” and “that Part of”;

(c) subsection (2)(b) and the preceding “or”;

(d) subsection (3)(e);

(e) in subsection (3)(f), the words from “(and” to “allowance)”;

(f) in subsection (3A), “Part 1 of”;

(g) in subsection (6), the definition of “joint-claim jobseeker's allowance”;

(h) subsections (6A) and (7).

In section 1A (as inserted by Article 57 of this Order)—

(a) in the heading, “contributory”;

(b) in subsections (1) (in both places), (3)(a) and (4), “Part 1 of”.

Section 1B(2) (as inserted by Article 58 of this Order).
In section 2, in the heading, “contributory”.
In section 3, in the heading, “contributory”.
Sections 4 to 6.
Section 23.
In section 24(1), the definitions of “contributory allowance”, “income-related allowance” and “income support”.
In section 26(3)(a), “or 4(4)(c) or (5)(c)”.
Section 27(3).
Sections 29 to 36.
Section 38(2).
Sections 42 to 44.
In section 57(1) the definition of “the Housing Executive”.

In Schedule 1—

(a) the heading to Part 1;

(b) paragraph 1(5)(e) and the preceding “and”;

(c) Part 2.

In Schedule 2—

(a) in the headings to paragraphs 6 and 7, “Contributory allowance:”;

(b) paragraph 8;

(c) paragraph 11(b) and (c);

(d) paragraph 12.

In Schedule 3, paragraphs 1, 2(2) and (8), 3(9) and (10), 4(3), (8)(b), (10)(b), (14), (16) and (28)(b) and (c) and 12(4) and (5).
Schedule 4.
In Schedule 5, paragraphs 2, 3, 4 and 6.
The Pensions Act (Northern Ireland) 2008 (c. 1)In Schedule 1, paragraph 23.
The Child Maintenance Act (Northern Ireland) 2008 (c. 10)Section 35(2).
The Welfare Reform Act (Northern Ireland) 2010 (c. 13)Section 2.
Section 3(1) and (2).
Sections 4 and 5.
Section 8(2)(a).
Section 9.
Section 28(1) and (2).
Section 29.
Section 30(3).
Schedule 2.
In Schedule 3, paragraph 2.
Part 1 of Schedule 4.

In Part 3 of Schedule 4, the entries relating to—

(a) section 2B of the Social Security Administration (Northern Ireland) Act 1992;

(b) paragraph 5A of Schedule 2 to the Social Security (Northern Ireland) Order 1998;

(c) Article 69(3)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;

(d) the Civil Partnership Act 2004.

The Welfare Reform (Northern Ireland) Order 2015Article 56(1).
Article 58(2).
Article 64(1).
Article 65.
Article 75.
Article 107(9)(e).
Article 109(5).
Article 110(3).
Article 113.
Article 114.
Article 120(6)(c) to (e) and (7)(b).

In Article 121—

(a) in paragraph (3), “, housing benefit” in all three places;

(b) paragraph (7)(l) and (m).

In Schedule 7, paragraphs 4 and 10(2).
In Schedule 9, paragraphs 13, 15, 19 and 20.
In Schedule 11, paragraphs 9 to 11.

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