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PART 4 N.I.ELEMENTS OF AN AWARD

Responsibility for children or young personsN.I.

The child elementN.I.

25.—(1) The amount to be included in an award of universal credit for each child or qualifying young person for whom a claimant is responsible [F1and in respect of whom an amount may be included under Article 15] (“the child element”) is given in the table in regulation 38 (amounts of elements).

(2) An additional amount as shown in that table is to be included in respect of each child or qualifying young person who is disabled and that amount is—

(a)the lower rate where the child or qualifying young person is entitled to disability living allowance [F2, child disability payment] [F3, adult disability payment] or personal independence payment (unless sub-paragraph (b) applies), or

(b)the higher rate where the child or qualifying young person is—

(i)entitled to the care component of disability living allowance at the highest rate [F4, the care component of child disability payment at the highest rate in accordance with regulation 11(5) of the DACYP Regulations] [F5, the daily living component of adult disability payment at the enhanced rate in accordance with regulation 5(3) of the Disability Assistance for Working Age People (Scotland) Regulations 2022] or the daily living component of personal independence payment at the enhanced rate, or

(ii)blind.

Textual Amendments

F1Words in reg. 25(1) inserted (11.3.2017) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1)), arts. 2(1), 10(5)(a); S.R. 2017/46, art. 2(b)

[F6Availability of the child element where maximum exceededN.I.

25A.—(1) Where a claimant is responsible for more than two children or qualifying young persons, the amount mentioned in Article 15(1) of the Order is to be available in respect of—

[F7(za)any child or qualifying young person to whom an exception applies in the circumstances set out in—

(i)paragraph 3 (adoptions) or paragraph 4 (non-parental caring arrangements) of Schedule 12; or

(ii)paragraph 6 of Schedule 12 (continuation of existing exception in a subsequent award) by virtue of an exception under paragraph 3 of that Schedule having applied in relation to a previous award;]

(a)the first and second children or qualifying young persons in the claimant's household; and

(b)the third and any subsequent child or qualifying young person in the claimant's household if—

(i)the child or qualifying young person is transitionally protected; or

(ii)an exception applies in relation to that child or qualifying young person [F8in the circumstances set out in paragraph 2 (multiple births), paragraph 5 (non-consensual conception) or, except where sub-paragraph (za) applies, paragraph 6 (continuation of existing exception in a subsequent award) of Schedule 12].

(2) A reference in paragraph (1) to a child or qualifying young person being the first, second, third or subsequent child or qualifying young person in the claimant's household is a reference to the position of that child or qualifying young person in the order determined in accordance with regulation 25B.

(3) A child or qualifying young person is “transitionally protected” [F9“if the child or qualifying young person was born before 6th April 2017].

F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order of children and qualifying young personsN.I.

25B.—(1) Subject to [F11paragraphs (2) and (2A)], the order of children or qualifying young persons in a claimant's household is to be determined by reference to [F12the date of birth of each child or qualifying young person for whom the claimant is responsible, taking the earliest date first.]

(2) In a case where—

(a)the date in relation to two or more children or qualifying young persons for whom the claimant is responsible (as determined under paragraph (1)) is the same date, F13...

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the order of those children or qualifying young persons (as between themselves only) in the claimant's household is the order determined by the Department that ensures that the amount mentioned in Article 15(1) of the Order is available in respect of the greatest number of children or qualifying young persons.

[F14(2A) Any child or qualifying young person to whom regulation 25A(1)(za) applies is to be disregarded when determining the order of children and qualifying young persons under this regulation.]

(3) In this regulation and Schedule 12, “claimant” means a single claimant or either of joint claimants.]

Textual Amendments