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The Universal Credit Regulations (Northern Ireland) 2016
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- Northern Ireland Statutory Rules
- 2016 No. 216
- PART 8
- CHAPTER 3
- Regulation 115
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[F1Transitional ProvisionN.I.
This section has no associated Explanatory Memorandum
115.—(1) Until the date determined in accordance with paragraph (6), these regulations have effect subject to the following modifications.
[F2(2) Omit regulation 54 (surplus earnings), as substituted by regulation 6(8) of the Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations (Northern Ireland) 2018 and regulation 58 (unused losses).]
(3) In regulation 57 (self-employed earnings- treatment of losses)—
(a)for paragraph (2) substitute—
“(2) A person’s self-employed earnings in respect of an assessment period are to be calculated by taking the amount of the gross profits (or, in the case of a partnership, the person’s share of those profits) of the trade, profession or vocation and deducting from that amount—
[F3(a)any payment made to HMRC in the assessment period in respect of the trade, profession or vocation by way of national insurance contributions and income tax; and]
(b)any relievable pension contributions made by the person in the assessment period (unless a deduction has been made in respect of those contributions in calculating a person’s employed earnings).
(3) The gross profits of the trade, profession or vocation in respect of an assessment period are the actual receipts in that period less any deductions for expenses allowed under regulation 58 or 59.”;
(b)in paragraph (3), for “paragraph (2)” substitute “paragraph (3)”.
(4) In regulation 59(3) (permitted expenses), after sub-paragraph (a) insert—
“(aa)any loss incurred in respect of a previous assessment period;”.
(5) In regulation 63 (minimum income floor), omit paragraph (5).
(6) The date is [F48th May 2018] or, in respect of an existing award of Universal Credit where [F48th May 2018] is not the first day of an assessment period, the first day of the next assessment period.]
Textual Amendments
F1Reg. 115 inserted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(15)
F2Reg. 115(2) substituted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 6(17)(a)
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