Search Legislation

The Welfare Reform (Northern Ireland) Order 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 02/05/2016. This version of this chapter contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

The Welfare Reform (Northern Ireland) Order 2015, CHAPTER 3 is up to date with all changes known to be in force on or before 29 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

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

CHAPTER 3N.I.Supplementary and general

Supplementary and consequentialN.I.

Supplementary regulation-making powersN.I.

36.  Schedule 1 contains supplementary regulation-making powers.

Commencement Information

I1Art. 36 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(i)

Supplementary and consequential amendmentsN.I.

37.  Schedule 2 contains supplementary and consequential amendments.

Commencement Information

I2Art. 37 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(i)

Power to make supplementary and consequential provision etc.N.I.

38.—(1) The Department may by regulations make such consequential, supplementary, incidental or transitional provision in relation to any provision of this Part as the Department considers appropriate.

(2) Regulations under this Article may amend, repeal or revoke any statutory provision (whenever passed or made).

Commencement Information

I3Art. 38 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(i)

Universal credit and other benefitsN.I.

Abolition of benefitsN.I.

39.—(1) The following benefits are abolished—

(a)income-based jobseeker's allowance under the Jobseekers Order;

(b)income-related employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

(c)income support under section 123 of the Contributions and Benefits Act;

(d)housing benefit under section 129 of that Act.

(2) In paragraph (1)—

(a)income-based jobseeker's allowance” has the same meaning as in the Jobseekers Order;

(b)income-related employment and support allowance” means an employment and support allowance entitlement to which is based on section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007.

(3) Schedule 3 contains consequential amendments.

Commencement Information

I4Art. 39(3) in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(i)

Prospective

Universal credit and the state pension creditN.I.

40.  Schedule 4 provides for a housing element of state pension credit in consequence of the abolition of housing benefit by Article 39.

Universal credit and working-age benefitsN.I.

41.  Schedule 5 makes further provision relating to universal credit, jobseeker's allowance and employment and support allowance.

Commencement Information

I5Art. 41 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(i)

Migration to universal creditN.I.

42.  Schedule 6 contains provision about the replacement of benefits by universal credit.

Commencement Information

I6Art. 42 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(i)

GeneralN.I.

Capability for work or work-related activityN.I.

43.—(1) For the purposes of this Part a claimant has limited capability for work if—

(a)the claimant's capability for work is limited by his or her physical or mental condition, and

(b)the limitation is such that it is not reasonable to require the claimant to work.

(2) For the purposes of this Part a claimant has limited capability for work-related activity if—

(a)the claimant's capability for work-related activity is limited by his or her physical or mental condition, and

(b)the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.

(3) The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.

(4) Regulations under this Article must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.

(5) Regulations under this Article may for the purposes of an assessment—

(a)require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);

(b)require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.

(6) Regulations under this Article may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.

(7) Regulations under paragraph (6) may provide for a claimant who fails to comply with a requirement imposed under paragraph (5) without a good reason to be treated as not having limited capability for work or work-related activity.

(8) Regulations under paragraph (6) may provide for a claimant to be treated as having limited capability for work until—

(a)it has been determined whether or not that is the case, or

(b)the claimant is under any other provision of regulations under paragraph (6) treated as not having it.

(9) Regulations under this Article may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under paragraph (6) as having limited capability for work or work-related activity.

Commencement Information

I7Art. 43 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

Valid from 27/09/2017

InformationN.I.

44.  Information supplied under Chapter 2 or Article 43 is to be taken for all purposes to be information relating to social security.

CouplesN.I.

45.—(1) In this Part “couple” means—

(a)a man and woman who are married to each other and are members of the same household;

(b)a man and woman who are not married to each other but are living together as husband and wife;

(c)two people of the same sex who are civil partners of each other and are members of the same household;

(d)two people of the same sex who are not civil partners of each other but are living together as civil partners.

(2) For the purposes of this Article, two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be treated as living together as husband and wife were they of opposite sexes.

(3) For the purposes of this Article regulations may prescribe—

(a)circumstances in which the fact that two persons are husband and wife or are civil partners is to be disregarded;

(b)circumstances in which a man and a woman are to be treated as living together as husband and wife;

(c)circumstances in which people are to be treated as being or not being members of the same household.

Commencement Information

I8Art. 45 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

Interpretation of Part 2N.I.

46.  In this Part—

assessment period” has the meaning given by Article 12(2);

child” means a person under the age of 16;

claim” means claim for universal credit;

claimant” means a single claimant or each of joint claimants;

couple” has the meaning given by Article 45;

“disabled” has such meaning as may be prescribed;

joint claimants” means members of a couple who jointly make a claim or in relation to whom an award of universal credit is made;

“limited capability for work” and “limited capability for work-related activity” are to be construed in accordance with Article 43(1) and (2);

qualifying young person” has the meaning given in Article 15(5);

“regular and substantial caring responsibilities” has such meaning as may be prescribed;

responsible carer”, in relation to a child, has the meaning given in Article 24(6);

“severely disabled” has such meaning as may be prescribed;

single claimant” means a single person who makes a claim for universal credit or in relation to whom an award of universal credit is made as a single person;

single person” is to be construed in accordance with Article 6(2)(a);

“work” has such meaning as may be prescribed;

work availability requirement” has the meaning given by Article 23(1);

work preparation requirement” has the meaning given by Article 21(1);

work search requirement” has the meaning given by Article 22(1);

work-focused interview requirement” has the meaning given by Article 20(1);

work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

work-related requirement” has the meaning given by Article 18(2).

Commencement Information

I9Art. 46 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

RegulationsN.I.

Pilot schemesN.I.

47.—(1) Any power to make—

(a)regulations under this Part,

(b)regulations under the Administration Act relating to universal credit, or

(c)regulations under the Social Security (Northern Ireland) Order 1998 relating to universal credit,

may be exercised so as to make provision for piloting purposes.

(2) In paragraph (1), “piloting purposes”, in relation to any provision, means the purposes of testing—

(a)the extent to which the provision is likely to make universal credit simpler to understand or to administer,

(b)the extent to which the provision is likely to promote—

(i)people remaining in work, or

(ii)people obtaining or being able to obtain work (or more work or better-paid work), or

(c)the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.

(3) Regulations made by virtue of this Article are in the remainder of this Article referred to as a “pilot scheme”.

(4) A pilot scheme may be limited in its application to—

(a)one or more areas;

(b)one or more classes of person;

(c)persons selected—

(i)by reference to prescribed criteria, or

(ii)on a sampling basis.

(5) A pilot scheme may not have effect for a period exceeding 3 years, but—

(a)the Department may by order provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding 12 months (and may make more than one such order);

(b)a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(6) A pilot scheme may include consequential or transitional provision in relation to its expiry.

Commencement Information

I10Art. 47 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(c)(ii)

RegulationsN.I.

48.—(1) Where any power under this Part to make regulations is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.

(2) Any power under this Part to make regulations includes power—

(a)to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Department to be expedient;

(b)to provide for a person to exercise a discretion in dealing with any matter.

(3) Each power conferred by this Part is without prejudice to the others.

(4) Where regulations under this Part provide for an amount, the amount may be zero.

(5) Where regulations under this Part provide for an amount for the purposes of an award (or a reduction from an award), the amount may be different in relation to different descriptions of person, and in particular may depend on—

(a)whether the person is a single person or a member of a couple;

(b)the age of the person.

(6) Regulations under Article 16(4) or 17(3) which provide for the determination or calculation of an amount may make different provision for different areas.

Commencement Information

I11Art. 48 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(iii)

Assembly controlN.I.

49.—(1) Subject to the following provisions of this Article, any regulations made under this Part are subject to negative resolution.

(2) Regulations made by virtue of Article 47 (pilot schemes), alone or with other regulations—

(a)must be laid before the Assembly after being made; and

(b)take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

(3) This paragraph applies to any regulations under this Part which—

(a)but for paragraph (4), would be subject to negative resolution, and

(b)are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.

(4) Any regulations to which paragraph (3) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(5) In this Article “the confirmatory procedure” means the procedure described in paragraph (2).

Commencement Information

I12Art. 49 in operation at 2.5.2016 by S.R. 2016/215, art. 2(2)(c)(iii)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources