The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016
Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015.
PART 1
GENERAL
Citation, commencement and interpretation1.
(1)
(2)
PART 2AMENDMENTS OF ENABLING LEGISLATION
Amendment of the Maintenance Orders Act2.
Amendment of the Employment (Miscellaneous Provisions) Order3.
(a)
“(za)
“couple” has the meaning given by Article 45(1) of the Welfare Reform (Northern Ireland) Order 2015”, and
(b)
“(b)
“lone parent” means a person who—
(i)
is not a member of a couple, and
(ii)
is responsible for, and a member of the same household, as a child;”.
Amendment of the Social Security Contributions and Benefits Act4.
(1)
(2)
In subsection (7)—
(a)
for “be entitled for the same day to such an allowance” substitute “have a relevant entitlement for the same day”; and
(b)
for “shall be entitled” in the second place that it appears, substitute “shall have that entitlement”.
(3)
“(7A)
For the purposes of subsection (7) a person has a “relevant entitlement” if—
(a)
the person is entitled to a carer’s allowance, or
(b)
the person is entitled under Article 17 of the Welfare Reform (Northern Ireland) Order 201512 to the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person.”.
Amendment of the Value Added Tax Act5.
(1)
(2)
In Note 6 to Group 3 in Part 2 of Schedule 7A (charge at reduced rate; meaning of qualifying person for the purposes of Group 3), in paragraph (2)(i), after “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.
(3)
In Note (1D) to Group 15 in Part 2 of Schedule 8 (zero-rating) in paragraph (g) after “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.
Amendment of the Children Order6.
Amendment of the Jobseekers Order7.
(a)
at the end of sub-paragraph (1) insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015 as the Department considers appropriate in the person’s case”; and
(b)
“(3)
References in Part 2 of the Welfare Reform (Northern Ireland) Order 2015 to the purposes of that Part are to be construed, where the provisions of that Part have effect for the purposes of this Order, as references to the purposes of this Order.”.
Amendment of the Road Traffic Order8.
Amendment of the Industrial Tribunals Order9.
(1)
(2)
In Article 18 (power to provide for recoupment of benefits) in the following provisions before “jobseeker’s allowance” insert “universal credit,”—
(a)
paragraph (3)(a), (b) and (c); and
(b)
paragraph (4)(e).
(3)
(4)
In Article 19 (recoupment: further provisions)—
(a)
in the introductory words in paragraph (1) and in sub-paragraph (b) of that paragraph before “jobseeker’s allowance” insert “universal credit,”; and
(b)
“(6)
In this Article and Article 18 “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
Amendment of the Data Protection Act10.
Amendment of the Welfare Reform and Pensions Order11.
(a)
after sub-paragraph (c) omit “or”;
(b)
at the end of sub-paragraph (d) for “.” substitute “, or”; and
(c)
“(e)
Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
Amendment of the Income Tax (Earnings and Pensions) Act12.
(1)
(2)
In section 318D(2) (childcare: power to vary exempt amount and qualifying conditions) after “or section 12 of the Welfare Reform Act 2012” insert “or Article 17 of the Welfare Reform (Northern Ireland) Order 2015”.
(3)
(a)
omit the definitions of “contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance”;
(b)
““contribution-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant satisfying conditions which include those set out in Article 4 of the JS(NI)O 1995;”; and
““income-based jobseeker’s allowance” means a jobseeker’s allowance entitlement to which is based on the claimant satisfying conditions which include those set out in Article 5 of the JS(NI)O 1995 or a joint-claim jobseeker’s allowance (which means a jobseeker’s allowance entitlement to which arises by virtue of Article 3(2B) of the JS(NI)O 1995);”.
Amendment of the Housing (Northern Ireland) Order13.
(1)
(2)
In Article 37(3) (ineligible applicants), after “housing benefit,” insert “universal credit,”.
(3)
In Article 94(10) (persons eligible to participate in group repair scheme), after “housing benefit,” insert “universal credit,”.
(4)
In Article 109(3) (power to make further provisions by regulations), after “housing benefit,” insert “universal credit,”.
Amendment of the Gender Recognition (Application Fees) Order14.
Amendment of the Private Tenancies Order15.
Amendment of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order16.
(1)
(2)
“(b)
an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from those provisions.”.
(3)
(a)
at the end of sub-paragraph (cc) omit “or”;
(b)
at the end of sub-paragraph (dd) insert “or”; and
(c)
“(ee)
an award of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that the member has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.”.
(4)
(a)
at the end of sub-paragraph (ab) omit “or”; and
(b)
“(ac)
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015; or”.
(5)
(a)
at the end of sub-paragraph (i) add “;”; and
(b)
“(j)
the corresponding provisions of the Welfare Reform (Northern Ireland) Order 2015.”
PART 3AMENDMENTS OF SECONDARY LEGISLATION
CHAPTER 1SOCIAL SECURITY BENEFITS
Amendment of the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations17.
(1)
(2)
(a)
omit the definition of “contributory employment and support allowance”; and
(b)
““employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”.
(3)
In the title of regulation 3 (modifications, in relation to widows, of provisions with respect to unemployment and short-term incapacity benefit, contributory employment and support allowance, maternity allowance and Category A retirement pension) and in paragraphs (1)(a) and (b) and (5)(a) and (b) of that regulation omit “contributory” in each place it occurs.
Amendment of the Social Security (Benefit) (Members of the Forces) Regulations18.
(1)
(2)
In regulation 3 (unemployment benefit)—
(a)
(b)
(3)
Amendment of the Social Security (Mariners’ Benefits) Regulations19.
(1)
(2)
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”;
(b)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(c)
““new style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance;”.
(3)
(4)
“(1A)
In relation to new style JSA, a mariner or share fisherman employed as such on board any ship or vessel shall be treated as complying with the work-related requirements referred to in Article 8(2) of the Jobseekers (Northern Ireland) Order 1995 during any period when he is absent from Northern Ireland if he would comply with those requirements but for the fact that he is absent from Northern Ireland.”.
Amendment of the Social Security (Medical Evidence) Regulations20.
(a)
(i)
““limited capability for work” has the meaning—
(a)
for the purposes of employment and support allowance, given in section 1(4) of the Welfare Reform Act (Northern Ireland) 2007; and
(b)
for the purposes of universal credit, given in Article 43 of the Welfare Reform (Northern Ireland) Order 2015;”, and
(ii)
““limited capability for work assessment” means the assessment of whether a person has limited capability for work—
(a)
for the purposes of old style ESA, under Part 5 of the Employment and Support Allowance Regulations (Northern Ireland) 2008,
(b)
for the purposes of new style ESA, under Part 4 of the Employment and Support Allowance Regulations (Northern Ireland) 2016,
(c)
for the purposes of universal credit, under Part 5 of the Universal Credit Regulations (Northern Ireland) 2016;”,
(b)
“(5)
For the purposes of the definition of “limited capability for work assessment” in paragraph (2)—
(a)
“old style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance; and
(b)
“new style ESA” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance.”.
Amendment of the Social Security (Invalid Care Allowance) Regulations21.
(1)
(2)
In paragraph (1)—
(a)
for “be entitled for the same day to a carer’s allowance” substitute “have a relevant entitlement for the same day”;
(b)
for “shall be entitled” substitute “shall have that entitlement”;
(c)
for “be entitled to a carer’s allowance” substitute “have a relevant entitlement”; and
(d)
for “to be entitled” substitute “to have that entitlement”.
(3)
In paragraph (2)—
(a)
for “entitlement to carer’s allowance” substitute “a relevant entitlement”; and
(b)
after “a carer’s allowance” insert “or the carer element of universal credit”.
(4)
“(3)
In paragraph (2) “the carer element of universal credit” means an amount included in an award of universal credit in respect of the fact that a person has regular and substantial caring responsibilities for a severely disabled person.”.
Amendment of the Social Security Benefit (Persons Abroad) Regulations22.
““jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”.
Amendment of the Social Security (Overlapping Benefits) Regulations23.
(a)
““contribution-based jobseekers allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has affect apart from those provisions;”,
(b)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”,
(c)
““income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers Order;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”; and
(d)
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations24.
(a)
in paragraph (1)(e)—
(i)
at the end of paragraph (iii) omit “or”,
(ii)
at the end of paragraph (iv) insert “or”, and
(iii)
“(v)
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”;
(b)
in paragraph (2)(b)(ii) omit “contribution-based”; and
(c)
“(5)
In this regulation—
(a)
in paragraph (1) “couple” has the meaning—
(i)
apart from in relation to universal credit, given by section 133(1) of the Contributions and Benefits Act (interpretation of Part VII and supplementary provisions);
(ii)
in relation to universal credit, given by Article 45 of the Welfare Reform (Northern Ireland) Order 2015 (couples);
(b)
in paragraph (2) “jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions; and
(c)
“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
Amendment of the Social Security (General Benefit) Regulations25.
(a)
in paragraph (5A)(a), (b) and (c) omit “contribution-based” in each place it occurs;
(b)
in paragraph (5B)(a) and (c) omit “contribution-based” in each place it occurs;
(c)
in paragraphs (5C) and (5D) omit “contribution-based” in each place it occurs; and
(d)
“(5E)
In this regulation “jobseeker’s allowance” means an allowance under the Jobseekers Order (Northern Ireland) 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions.”.
Amendment of the Income Support (General) Regulations26.
(1)
(2)
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”;
(b)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(c)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
(a)
at the end of sub-paragraph (c) omit “or”;
(b)
at the end of sub-paragraph (d) insert “or”; and
(c)
“(e)
entitled to universal credit.”.
(4)
(a)
for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and
(b)
for “on the day of the benefit week” substitute “on any day”.
(5)
(6)
(7)
(a)
in sub-paragraph (2)(a)(iii) after “the Contributions and Benefits Act” insert “or has an award of universal credit which includes the carer element”;
(b)
in the closing words of sub-paragraph (2)(b)—
(i)
after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”, and
(ii)
after “such an allowance” insert “or has such an award of universal credit”;
(c)
(d)
(i)
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”, and
(ii)
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;
(e)
in sub-paragraph (5)—
(i)
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”, and
(ii)
after “that allowance” insert “or had such an award”; and
(f)
“(6)
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(8)
(a)
(i)
at the end of paragraph (c) omit “or”;
(ii)
at the end of paragraph (d) insert “or”, and
(iii)
“(e)
who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.”; and
(b)
in paragraph 18 (non-dependant deductions)—
(i)
at the end of sub-paragraph (7)(g)(ii) omit “or”;
(ii)
(iii)
“(j)
if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income.”, and
(iv)
“(9)
For the purposes of sub-paragraph (7)(j) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(9)
(a)
at the end of sub-paragraph (c) omit “or”;
(b)
at the end of sub-paragraph (d) for “.” substitute “; or”; and
(c)
“(e)
universal credit.”.
(10)
In paragraph 7 of Schedule 10 (capital to be disregarded)—
(a)
in sub-paragraph (1)
(ii)
“(d)
universal credit,”; and
(b)
(i)
for “or of an income-based jobseeker’s allowance”, in both places where it occurs, substitute “, an income-based jobseeker’s allowance or universal credit”,
(ii)
in paragraph (a) for “either of” substitute “of any of”,
(iii)
in paragraph (b) for “either” substitute “any”,
(iv)
at the end of paragraph (b)(iii) insert “or” , and
(v)
“(iv)
in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum.”.
Amendment of the Social Security (Claims and Payments) Regulations27.
(1)
(2)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
(a)
in sub-paragraph (a) after “income support,” insert “universal credit,”; and
(b)
in sub-paragraph (b) after income-based jobseeker’s allowance” insert “or universal credit”.
Amendment of the Jobseeker’s Allowance Regulations28.
(1)
(2)
In regulation 1 (citation, commencement and interpretation)—
(a)
for the heading substitute “citation, commencement, interpretation and application”;
(b)
“(1A)
These Regulations do not apply to a particular case on any day on which Article 39(1)(a) of the Welfare Reform (Northern Ireland) Order 2015 (abolition of income-based jobseeker’s allowance) is in operation and applies in relation to that case.”; and
(c)
in paragraph (2)—
(i)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”, and
(ii)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
“; or
(f)
entitled to universal credit.”.
(4)
(a)
for “or employment and support allowance” substitute “, employment and support allowance or universal credit”; and
(b)
for “the day of the benefit week” substitute “any day”.
(5)
(6)
(7)
(a)
in paragraph 15 (severe disability premium)—
(i)
in sub-paragraph (1)(c) after “Benefits Act” insert “or has an award of universal credit which includes the carer element”,
(ii)
in sub-paragraph (2)(d) after “Benefits Act”, in both places it occurs, insert “or has an award of universal credit which includes the carer element”,
(iii)
in sub-paragraph (5)(b)—
(aa)
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
(bb)
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”,
(iv)
in sub-paragraph (7) after “carer’s allowance” insert “or universal credit which includes the carer element”,
(v)
in sub-paragraph (9)—
(aa)
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
(bb)
after “that allowance” insert “or had such an award”, and
(vi)
“(10)
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”;
(b)
(i)
in sub-paragraph (1)(d) after “Benefits Act”, in both places it occurs, insert “or has an award of universal credit which includes the carer element”,
(ii)
in sub-paragraph (4)(b)—
(aa)
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
(bb)
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;
(iii)
in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”,
(iv)
in sub-paragraph (7)—
(aa)
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
(bb)
after “that allowance” insert “or had such an award”; and
(v)
“(8)
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(8)
In Schedule 2 (housing costs)—
(a)
in paragraph 1(3)—
(i)
at the end of paragraph (d) for “, or” substitute “;”;
(ii)
(iii)
“(f)
who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations.”; and
(b)
in paragraph 17—
(i)
at the end of sub-paragraph (7)(h) omit “or”;
(ii)
(iii)
“(j)
if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income.”, and
(iv)
“(9)
For the purposes of sub-paragraph (7)(j) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(9)
(a)
at the end of sub-paragraph (c) omit “or”;
(b)
at the end of sub-paragraph (d) insert “or”; and
(c)
“(e)
universal credit.”.
(10)
Amendment of the Social Security (Immigration and Asylum) Consequential Amendments Regulations29.
(1)
(2)
(3)
In regulation 2 (persons not excluded from specified benefits under section 115 of the Act)—
(a)
“(1A)
For the purposes of entitlement to universal credit, a person falling within a category or description of persons specified in paragraphs 2, 3 and 4 of Part I of the Schedule is a person to whom section 115 of the Act does not apply.”; and
(b)
in paragraph (5)—
(i)
after “entitlement to” insert “universal credit,”,
(ii)
for “a jobseeker’s allowance” substitute “an income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995”, and
(iii)
before “employment and support allowance” insert “income-related”.
(4)
Amendment of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations30.
Amendment of the State Pension Credit Regulations31.
(1)
(2)
In regulation 1(2) (interpretation)—
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”;
(b)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform (Northern Ireland) Order 2015 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”;
(c)
““income-based jobseeker’s allowance” means an income-based allowance under the Jobseekers (Northern Ireland) Order 1995;”; and
(d)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
(4)
In regulation 9(c) (qualifying income for the purposes of savings credit) omit “within the meaning of Article 3(4) of the Jobseekers (Northern Ireland) Order 1995”.
(5)
(6)
(7)
(a)
in sub-paragraph (1)(a)(iii) after the words “(carer’s allowance)” insert “, or has an award of universal credit which includes the carer element,”;
(b)
in the closing words of sub-paragraph (1)(b)—
(i)
after the words “under section 70 of the Contributions and Benefits Act” insert “, or has an award of universal credit which includes the carer element,”, and
(ii)
after the words “such an allowance” insert “under section 70, or has an award of universal credit which includes the carer element,”;
(c)
in sub-paragraph (1)(c)(iv) after the words “Contributions and Benefits Act” insert “, or has an award of universal credit which includes the carer element,”;
(d)
in sub-paragraph (2)(c) after the words “Contributions and Benefits Act” insert “, or as having an award of universal credit which includes the carer element,”; and
(e)
“(4)
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(8)
In Schedule 2 (housing costs)—
(a)
“or
(v)
is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations;”; and
(b)
in paragraph 14 (persons residing with the claimant)—
(i)
at the end of sub-paragraph (7)(f) omit “or”
(ii)
(iii)
“(h)
if he is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that he does not have any earned income.”, and
(iv)
“(9)
For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(9)
In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income)—
(b)
(i)
at the end of paragraph (c) omit “or”, and
(ii)
“or
(e)
paragraph 18 of Schedule 10 to the Universal Credit Regulations (Northern Ireland) 2016,”.
Amendment of the Social Security (Deferral of Retirement Pensions) Regulations32.
(a)
(i)
at the end of paragraph (iii) omit “or”, and
(ii)
“or
(v)
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”; and
(b)
“(5A)
In paragraph (1) “couple” has the meaning—
(a)
in relation to universal credit, given by Article 45 of the Welfare Reform (Northern Ireland) Order 2015; and
(b)
in relation to the other benefits referred to in paragraph (1)(a) or (aa), given by section 133(1) of the Contributions and Benefits Act.”.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations33.
(1)
(2)
In regulation 2 (interpretation)—
(a)
In paragraph (1)—
(i)
in the definition of “family”, at the beginning of sub-paragraph (c) insert “except where the claimant is in receipt of universal credit,”,
(ii)
in the definition of “partner”, at the end of sub-paragraph (b) insert “except that paragraph (b) does not apply where the claimant is in receipt of universal credit”,
(iii)
““universal credit” means universal credit under Part 2 of the 2015 Order;”;
(b)
in paragraph (4)(b), at the beginning insert “except where the claimant is in receipt of universal credit,”.
(3)
(a)
at the end of sub-paragraph (e) omit “or”;
(b)
at the end of sub-paragraph (f) insert “or”; and
(c)
“(g)
universal credit.”.
(4)
(a)
at the end of paragraph (vi) omit “or”;
(b)
at the end of paragraph (vii) insert “or”; and
(c)
“(viii)
universal credit.”.
(5)
“(ba)
a qualifying young person under Article 15(5) of the 2015 Order (prescription of qualifying young person);”
(6)
(a)
“(g)
employment and support allowance under—
(i)
Part 1 of the 2007 Act as amended by Schedule 3 and Part 1 of Schedule 2 to the 2015 Order (to remove references to an income related allowance), or
(ii)
Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3 and Part of Schedule 12 to the 2015 Order;”;
(b)
“(o)
jobseeker’s allowance under—
(i)
the 1995 Order as amended by Part 1 of Schedule 12 to the 2015 Order (to remove references to an income based allowance), or
(ii)
the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order;”; and
(c)
“(tb)
universal credit under Part 2 of the 2015 Order;”.
Amendment of the Housing Benefit Regulations34.
(1)
(2)
(a)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(b)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
(a)
at the end of sub-paragraph (a) omit “or”;
(b)
at the end of sub-paragraph (b) insert “or”; and
(c)
“(c)
entitled to an award of universal credit”.
(4)
(5)
(6)
(7)
In regulation 72 (non-dependant deductions)—
(a)
(b)
“(11)
For the purposes of paragraph (8) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(8)
“(i)
the claimant is receiving universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
(9)
(10)
In Schedule 4 (applicable amounts)—
(a)
(i)
in sub-paragraph (2)(a)(iii) after “section 70 of the Act” insert “or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,
(ii)
in the closing words of sub-paragraph (2)(b)—
(aa)
after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”; and
(bb)
after “such an allowance” insert “or has such an award of universal credit”,
(iii)
in sub-paragraph (5)(b)—
(aa)
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
(bb)
after “be so entitled and in receipt” insert “or have such an award of universal credit”;
(iv)
in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”, and
(v)
in sub-paragraph (7)—
(aa)
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
(bb)
after “that allowance” insert “or had such an award of universal credit”;
(b)
(i)
in sub-paragraph (6)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”; and
(ii)
in sub-paragraph (6)(b)(ii) after “such an allowance” insert “or such an award of universal credit”;
(c)
in paragraph 21(c)(ii) (the components) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and
(d)
in paragraph 27(1)(b)(i) (transitional addition) after “Employment and Support Allowance Regulations” insert “or regulation 26 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, in either case”; and
(e)
(11)
(12)
“(e)
universal credit.”.
(13)
“(g)
universal credit.”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations35.
(1)
(2)
(a)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(b)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
(a)
at the end of sub-paragraph (a) omit “or”;
(b)
at the end of sub-paragraph (b) insert “or”; and
(c)
“(c)
entitled to an award of universal credit.”.
(4)
(5)
(a)
in paragraph (8) after “work-related activity component)” in both places it occurs insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and
(b)
“(11)
For the purposes of paragraph (8) “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(6)
(7)
In Schedule 4 (applicable amounts)—
(a)
(i)
in sub-paragraph (2)(a)(iii) after “carer’s allowance” insert “under section 70 of the Act or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,
(ii)
in the closing words of sub-paragraph (2)(b)—
(aa)
after “carer’s allowance” insert “or has an award of universal credit that includes the carer element”; and
(bb)
after “such an allowance” insert “or has such an award of universal credit”,
(iii)
in sub-paragraph (7)(b)—
(aa)
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
(bb)
after “be so entitled and in receipt” insert “or have such an award of universal credit”,
(iv)
in sub-paragraph (8)(a) after “carer’s allowance” insert “or an award of universal credit which includes the carer element”, and
(v)
(aa)
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
(bb)
after “that allowance” insert “or had such an award of universal credit”.
(b)
(i)
in sub-paragraph (1)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,”; and
(ii)
in sub-paragraph (1)(b)(ii) after “such an allowance” insert “or such an award of universal credit”.
(8)
(a)
in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and
(b)
(9)
(a)
at the end of paragraph (l) omit “or”;
(b)
at the end of paragraph (m) insert “or”; and
(c)
“(n)
universal credit.”.
Amendment of the Employment and Support Allowance Regulations36.
(1)
(2)
In regulation 1—
(a)
for the heading substitute “citation, commencement and application”; and
(b)
“(2A)
These Regulations do not apply to a particular case on any day on which Article 39(1)(b) of the Welfare Reform (Northern Ireland) Order 2015 (abolition of income-related employment and support allowance) is in force and applies in relation to that case.”.
(3)
In regulation 2(1) (interpretation)—
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”;
(b)
““new style ESA” means an allowance under Part 1 of the Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance;”; and
(c)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(4)
In regulation 63(5) (reduction of employment and support allowance)—
(a)
after “contributory allowance” insert “including new style ESA”; and
(b)
after “this regulation” insert “or section 11J of the Act respectively”.
(5)
In regulation 93(2) (date on which income is treated as paid)—
(a)
for “or severe disablement allowance” substitute “, severe disablement allowance or universal credit”; and
(b)
for “the day of the benefit week” substitute “on any day”.
(6)
In regulation 167(b) (modification in the calculation of income) after “income support” insert “, universal credit”.
(7)
(a)
in sub-paragraph (2)(a)(iii), for “a carer’s allowance under section 70 of the Contributions and Benefits Act” substitute “a carer’s allowance or has an award of universal credit which includes the carer element”;
(b)
in the closing words of sub-paragraph (2)(b)—
(i)
after “carer’s allowance” insert “or has an award of universal credit which includes the carer element”, and
(ii)
after “such an allowance” insert “or has such an award of universal credit”;
(c)
in sub-paragraph (5)(b)—
(i)
after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”, and
(ii)
after “be so entitled and in receipt” insert “of carer’s allowance or have such an award of universal credit”;
(d)
in sub-paragraph (6) after “carer’s allowance” insert “or universal credit which includes the carer element”;
(e)
in sub-paragraph (8)—
(i)
after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”, and
(ii)
after “that allowance” insert “or had such an award”;
(f)
“(10)
For the purposes of this paragraph, a person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(8)
In Schedule 6 (housing costs)—
(a)
in paragraph 1(3) (housing costs - meaning of disabled person)—
(i)
at the end of paragraph (c) omit “or”,
(ii)
at the end of paragraph (d) insert “or”, and
(iii)
“(e)
who is entitled to an award of universal credit the calculation of which includes an amount under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 in respect of the fact that that person has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 28(4) or 30(4) of those Regulations;”; and
(b)
in paragraph 19(7) (non-dependant deductions)—
(i)
at the end of paragraph (g) omit “or”,
(ii)
at the end of paragraph (h) insert “or”,
(iii)
“(i)
if the non-dependant is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that the non-dependant does not have any earned income.”, and
(iv)
“(7A)
For the purposes of sub-paragraph (7)(i), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(9)
(10)
In paragraph 11 of Schedule 9 (capital to be disregarded)—
(a)
in sub-paragraph (1)(b) after “income-based jobseeker’s allowance” insert “, universal credit”;
(b)
in sub-paragraph (3)—
(i)
in head (a) and (b) after “income support” insert “, universal credit”,
(ii)
at the end of head (b)(ii) omit “or”,
(iii)
at the end of head (b)(iii) for the “.” substitute “; or”, and
(iv)
“(iv)
in a case where universal credit is awarded to the claimant and another person as joint claimants, either the claimant or the other person, or both of them, received the relevant sum”.
CHAPTER 2CHILD SUPPORT
Amendment of the Child Support (Maintenance Assessment Procedure) Regulations37.
(1)
(2)
In regulation 1(2) (interpretation)
(a)
at the end of the definition of “relevant person” for “.” substitute “;”; and
(b)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.
(3)
(a)
at the beginning of paragraphs (3), (5), (10), (12), (13) and (20) insert “Subject to paragraph (25),”;
(b)
at the beginning of paragraph (1) after “paragraph (2)” insert “or (25)”;
(c)
in paragraph (4) for “paragraph (19)” substitute “paragraphs (19) and (25)”; and
(d)
“(25)
Where a superseding decision is made under regulation 19(2) or (3) with respect to the circumstance that a parent with care or an absent parent—
(a)
has been awarded universal credit on the basis that they have no earned income;
(b)
was awarded universal credit on that basis and their award has been revised or superseded on the basis of their having, at the time the award was made or after that time, earned income; or
(c)
was awarded universal credit on the basis that they had earned income and their award has been revised or superseded on the basis of their not having, at the time the award was made or after that time, earned income,
the decision takes effect from the first day of the maintenance period in which the award of universal credit, or the revision or supersession of such an award, as the case may be, took effect or is due to take effect.
(26)
For the purposes of paragraph (25) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations38.
(1)
(2)
In regulation 1(2) (interpretation)—
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has effect apart from those provisions;”; and
(b)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3)
“Assessable income: universal credit paid to or in respect of the parent concerned10C.
(1)
The circumstances prescribed for the purpose of the reference to universal credit in sub-paragraph (4) of paragraph 5 of Schedule 1 to the Child Support (Northern Ireland) Order 1991146 (as that paragraph has effect apart from section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000) are where the universal credit that is paid to or in respect of the parent concerned is calculated on the basis that the parent has no earned income.(2)
In paragraph (1) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(4)
“7A.
Any payment of universal credit.”.
Amendment of the Child Support Departure Direction and Consequential Amendments Regulations39.
(1)
(2)
In regulation 1 (interpretation), after the definition of “relevant person” insert—
““relevant universal credit” means, in relation to an absent parent or parent with care, an award of universal credit made to the parent in question, where the award is calculated on the basis that the parent does not have any earned income;”
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015”; and”
(a)
“(3)
For the purposes of the definition of “relevant universal credit” in paragraph (2), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(3)
(a)
in the heading to the regulation, after “jobseeker’s allowance” insert “, universal credit”;
(b)
in paragraph (1)—
(i)
in sub-paragraphs (a) and (c) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”, and
(ii)
in sub-paragraph (b) for “or working tax credit” substitute “, working tax credit or relevant universal credit”; and
(c)
in paragraph (3)—
(i)
in sub-paragraphs (a) and (c) for “or income-based jobseeker’s allowance” substitute “, income-based jobseeker’s allowance or relevant universal credit”; and
(ii)
in sub-paragraph (b) for “or working tax credit” substitute “, working tax credit or relevant universal credit”.
(4)
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations40.
(1)
(2)
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”; and
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”.
(3)
(a)
in paragraph (2)—
(i)
at the end of sub-paragraph (c) omit “and”,
(ii)
at the end of sub-paragraph (d) insert “and”, and
(iii)
“(e)
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.”; and
(b)
“(4)
For the purposes of paragraph (2)(e) and regulation 5(d) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(4)
(a)
at the end of paragraph (i) omit “or”;
(b)
“(iii)
in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or
(iv)
in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;”.
Amendment of the Child Support Maintenance Calculation Regulations41.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;”, and
(b)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions,”.
(3)
In regulation 43 (flat rate)—
(a)
in paragraph (2)—
(i)
at the end of paragraph (c) omit “and”, and
(ii)
at the end of paragraph (d) insert “and”,
(iii)
“(e)
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.”; and
(b)
“(5)
For the purposes of paragraph (2)(e) and regulation 44(1)(c) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(4)
In regulation 44(1)(c) (nil rate)—
(a)
at the end of paragraph (i) omit “or”; and
(b)
“(iii)
in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or
(iv)
in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;”.
CHAPTER 3CHILDREN
Amendment of the Adoption Allowance Regulations42.
(1)
(2)
In regulation 1(2) (citation, commencement and interpretation)—
(a)
at the end of the definition of “severe disablement allowance” for “.” Substitute” “:”; and
(b)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
(3)
In regulation 6(5)(c) (review, variation and termination of allowances) after “qualifies for” insert “universal credit,”.
CHAPTER 4EDUCATION AND EMPLOYMENT
Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations43.
(1)
(2)
In the title of the regulations for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.
(3)
In regulation 1 (citation and commencement) for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.
(4)
(a)
in the definition of “recoupable benefit”, after “income-related employment and support allowance” insert “, universal credit”; and
(b)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
(5)
(6)
(a)
in paragraph (1) after “income-related employment and support allowance” insert “, universal credit”;
(b)
“; or
(ii)
in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable”;
(c)
“; or
(ii)
in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the protected period falling before the date described in (a) above, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the protected period”; and
(d)
“(12)
For the purposes of paragraphs (2)(b)(ii) and (3)(b)(ii) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(7)
Amendment of the Education (Student Loans) Regulations44.
““disability related benefits” means—
(a)
long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disabled person’s tax credit, all payable under the Social Security Contributions and Benefits Act 1992162 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992163;(b)
(c)
armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011166;(d)
(e)
any amount that is included in the calculation of an award of universal credit, under regulation 28(1) of the Universal Credit Regulations 2013169 or regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016170(award to include LCW and LCWRA elements), in respect of the fact that the borrower has limited capability for work or limited capability for work and work-related activity; or(f)
any other statutory disability related benefit which replaces any of those benefits and which the lender gives the borrower details;”.
Amendment of the Education (Student Support) (No. 2) Regulations45.
(1)
(2)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
(3)
(a)
at the end of sub-paragraph (f) omit “and”;
(b)
at the end of sub-paragraph (g) for “.” substitute “; and”;
(c)
“(h)
in the case of a dependant who is entitled to an award of universal credit—
(i)
any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016173 (award to include LCW and LCWRA elements), in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity;(ii)
any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations.”.
(4)
“(3)
A does not qualify for a childcare grant is A or A’s partner—
(a)
has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; or
(b)
is entitled to an award of universal credit the calculation of which includes an amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016.”.
(5)
(a)
at the end of sub-paragraph (a) omit “or”;
(b)
at the end of sub-paragraph (b) insert “or”; and
(c)
“(c)
under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home.”.
(6)
In regulation 110(1)(a) (amount of support)—
(a)
at the end of paragraph (ii) omit “or”; and
(b)
“or
(iv)
to universal credit;”.
(7)
In regulation 127(5)(a) (amount of assistance)—
(a)
at the end of paragraph (ii) omit “or”; and
(b)
“or
(iv)
to universal credit;”.
Amendment of the National Minimum Wage Regulations46.
(a)
in paragraph (i) after “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”;
(b)
in paragraph (ii) after “Social Security Contributions and Benefits Act 1992” insert “or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”; and
(c)
in paragraph (iii) after “Jobseekers Act 1995” insert “or Part II of the Jobseekers (Northern Ireland) Order 1995”.
CHAPTER 5HOUSING
Amendment of the Home Repair Assistance Grant Regulations47.
(1)
(2)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015178;”.
(3)
In regulation 2(1) (applications for assistance) after “pension credit,” insert “universal credit”.
(4)
In paragraph 4 of Schedule 1 after “an income-based jobseeker’s allowance,” insert “universal credit,”.
Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations48.
(1)
(2)
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;” and
(3)
“(2)
For the purposes of paragraph (1), the weekly applicable amount as regards any of the persons listed in paragraph (3) is £1.
(3)
The persons are—
(a)
a relevant person who is in receipt of, and entitled to be in receipt of—
(i)
income support;
(ii)
income-based jobseeker’s allowance; or
(iii)
universal credit;
(b)
a relevant person who—
(i)
is in receipt of guarantee credit; or
(ii)
is a member of a couple, and the other member is in receipt of guarantee credit;
(c)
subject to paragraph (5), a relevant person who has a partner, where the partner is entitled to universal credit.
(4)
As regards any other relevant person, the weekly applicable amount is the amount determined in his case in accordance with regulation 15.
(5)
For the purposes of paragraph (3)(c) and regulation 12(2)(b), where the relevant person and partner of that person are parties to a polygamous marriage, the fact that they are partners is disregarded if—
(a)
one of them is a party to an earlier marriage that still subsists; and
(b)
the other party to that earlier marriage is living in the same househould.”.
(4)
In regulation 12 (financial resources)—
(a)
at the beginning insert “(1)”; and
(b)
“(2)
Subject to regulation 11(5), where a relevant person in the case of the application—
(a)
is entitled to universal credit; or
(b)
is not entitled to universal credit but their partner is so entitled,
then the income of that relevant person for the purposes of paragraph (1) shall be taken to be nil.”.
CHAPTER 6IMMIGRATION AND ASYLUM
Amendment of Asylum Support Regulations49.
Amendment of the Displaced Persons (Temporary Protection) Regulations50.
(a)
in paragraph (a) from “regulation 10(1)(a) to the end substitute “regulation 13(1)(a) of the Housing Benefit Regulations (Northern Ireland) 2006, regulation 13(1)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006”;
(b)
in paragraph (b) after “Universal Credit Regulations 2013” insert “or regulation 26(2) of, and paragraph 2 of Schedule 1 to, the Universal Credit Regulations (Northern Ireland) 2016”.
CHAPTER 7NATIONAL INSURANCE CONTRIBUTIONS AND CREDITS
Amendment of the Social Security (Credits) Regulations51.
(1)
(2)
In regulation 2(1) (interpretation)—
(a)
““the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;”;
(b)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance, and a contribution-based allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”;
(c)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12 to the 2015 Order that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(d)
““universal credit” means universal credit under Part 2 of the 2015 Order;”.
(3)
(a)
in paragraph (1) for “(2) and (3)” substitute “(2) to (4)”; and
(b)
“(4)
Paragraph (1) shall not apply to a person in respect of any week in any part of which that person was entitled to universal credit.”.
(4)
(a)
“(b)
a week for the whole of which the person in relation to old style JSA—
(i)
satisfied or was treated as having satisfied the conditions set out in Article 3(2)(a), (c) and (e) to (h) of the Jobseekers (Northern Ireland) Order 1995 (conditions for entitlement to a jobseeker’s allowance), and
(ii)
satisfied the further condition specified in paragraph (3) below; or
(ba)
a week for the whole of which the person in relation to new style JSA—
(i)
satisfied or was treated as having satisfied the conditions set out in Article 3(2)(e) to (h) of the Jobseekers (Northern Ireland) Order 1995 (conditions for entitlement to a jobseeker’s allowance),
(ii)
satisfied or was treated as having satisfied the work-related requirements under Article 8D and 8E of the Jobseekers (Northern Ireland) Order 1995 (work search and work availability requirements), and
(iii)
satisfied the further condition specified in paragraph (3) below; or”;
(b)
in paragraph (2)(c) after “sub-paragraph (b)” insert “or (ba)”;
(c)
in paragraph (3) after “paragraph (2)(b)” insert “and (ba)”;
(d)
in paragraph (3)(b) after “paragraph (2)(b)” insert “or the conditions and requirements in paragraph (2)(ba)”;
(e)
“(c)
a week in respect of which, in relation to the person concerned—
(i)
an old style JSA was reduced in accordance with Article 21 or 21A, or regulations made under Article 21B, of the Jobseekers (Northern Ireland) Order 1995; or
(ii)
a new style JSA was reduced in accordance with Article 8J or 8K of the Jobseekers (Northern Ireland) Order 1995; or”;
(f)
“(de)
a week where paragraph (2)(b), (ba) or (c) apply and the person concerned was entitled to universal credit for any part of that week; or”;
(g)
“(6)
In this regulation——
“new style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance;
“old style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance.”.
(5)
(a)
in paragraph (2) after “paragraphs” insert “(2A),”;
(b)
“(2A)
This regulation shall not apply to a week where—
(a)
under paragraph (2)(a)(i) the person concerned was not entitled to incapacity benefit, severe disablement allowance or maternity allowance;
(b)
paragraph (2)(a)(ii) or (v) apply; or
(c)
under paragraph (2)(a)(iv) the person concerned was not entitled to an employment and support allowance by virtue of section 1(2)(a) of the Welfare Reform Act,
and the person concerned was entitled to universal credit for any part of that week.”.
(6)
“Credits for persons entitled to universal credit8G.
(1)
For the purposes of entitlement to a benefit to which this regulation applies, a person shall be credited with a Class 3 contribution in respect of a week if that person is entitled to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 for any part of that week.
(2)
This regulation applies to—
(a)
a Category A retirement pension;
(b)
a Category B retirement pension;
(c)
a widowed parent’s allowance;
(d)
a bereavement allowance.”.
Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations52.
(a)
““contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has effect apart from those provisions;”;
(b)
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(c)
““income-based jobseeker’s allowance” has the same meaning as in the Order;”.
Amendment of the Transfer of State Pensions and Benefits Regulations53.
(a)
“(ca)
a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from those provisions;”;
(b)
“(da)
employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;”.
CHAPTER 8POLICE SERVICE of NORTHERN IRELAND
Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations54.
Amendment of the Police Pension Regulations55.
CHAPTER 9TAX, CHILD BENEFIT, GUARDIAN’S ALLOWANCE AND TAX CREDITS
Amendment of the Tax Credits (Administrative Arrangements) Regulations56.
Amendments of the Child Benefit and Guardian’s Allowance (Administration) Regulations57.
Amendment of the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations58.
Amendment of the Income Tax (Pay As You Earn) Regulations59.
Amendments to the Child Benefit (General) Regulations60.
CHAPTER 10LEGAL AID
Amendments to the Civil Legal Services (Financial) Regulations61.
(1)
(2)
In regulation 5(1)—
(a)
at the end of sub-paragraph (c) omit “or”;
(b)
at the end of sub-paragraph (d) insert “or”; and
(c)
“(e)
or universal credit paid under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.
(3)
In regulation 30—
(a)
in the heading after “income support” insert “or universal credit”; and
(b)
in paragraph (2) after “income support” insert “or universal credit”.
Signed by authority of the Secretary of State for Work and Pensions
These Regulations make consequential, supplementary, incidental and miscellaneous provision in relation to the provisions of Part 1 of the Welfare Reform (Northern Ireland) Order 2015 (S.I.2015/2006 (N.I. 1)) (“the Order”) that relate to the introduction of universal credit (“universal credit provisions”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance.
As a result of this abolition, employment and support allowance will no longer consist of separate contributory and income-related allowances, but only of a contributory allowance to be known simply as “employment and support allowance”.
Also, jobseeker’s allowance will no longer consist of separate contribution-based and income-based allowances, but of a contribution-based allowance to be known as “jobseeker’s allowance”.
The universal credit provisions and the provisions abolishing income-related employment and support allowance and income-based jobseeker’s allowance are to be commenced in stages, such that for a period of time, the old forms of employment and support allowance and jobseeker’s allowance (“old style ESA” and “old style JSA”) will apply to some people and the new forms (“new style ESA” and “new style JSA”) to other people.
Part 2 of the Regulations amends provisions of primary legislation. The Part makes amendments to 12 pieces of enabling legislation, consequential on the coming into operation of Part 1 of the Welfare Reform (Northern Ireland) Order 2015.
The majority of the amendments made by these Regulations add a reference to universal credit to existing legislation. A few of the amendments insert a reference to particular elements of universal credit, for example the Income Tax (Earnings and Pensions) Act 2003 (c.1) is amended to refer to universal credit paid in respect of childcare costs (see section 12 of the Act). The amendments to the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 are minor and consequential amendments.
Part 3 contains amendments only to secondary legislation.
Chapter 1 contains amendments relating to social security benefits.
The regulations in this Part insert references to universal credit where there are already references to other income-related benefits. They also provide for definitions of “contributory employment and support allowance” and “contribution-based jobseeker’s allowance” that include both the old style ESA and JSA contributory allowances and the new style contributory-only ESA and JSA allowances.
Regulation 26 amends the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459). In addition to the changes as referred to above it provides that –
- a)
payments of universal credit that do not relate to a period for which income support is payable are disregarded;
- b)
the definition of a “disabled person” includes where a person is entitled to an award of universal credit the calculation of which includes an amount in respect of the fact that they have limited capability for work (LCW) or limited capability for work and work-related activity (LCWRA) (or would include such an amount but for regulation 27(4) (couples) or 29(4) (Carer’s allowance) of the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216);
- c)
the exceptions from the rule that provides for a deduction to be made from the housing costs element of income support in respect of a non-dependant of the claimant include the situation where the non-dependant is aged less than 25 and is entitled to universal credit on the basis that the non-dependant does not have any earned income as defined in the Universal Credit Regulations (Northern Ireland) 2016.
Regulations 28, 31, 34, 35 and 36 make similar provision in relation to Jobseeker’s Allowance, State Pension Credit, Housing Benefit and Employment and Support Allowance.
Chapter 2 contains amendments to secondary legislation relating to child support.
Regulation 38 amends the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.R.1992 No. 340) which relates to maintenance assessments under the “old scheme”, under the Child Support (Northern Ireland) Order 1991 as it has effect apart from section 1 of the Child Support, Pensions and Social Security (Northern Ireland) Act 2000. The amendment provides that, where a parent with care or absent parent is awarded universal credit on the basis that they have no earned income, as defined in the universal credit Regulations (Northern Ireland) 201, they will be treated as having “no assessable income” for the purposes of a maintenance assessment.
Regulations 40 and 41 amend the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2000/155) and Child Support Maintenance Calculation Regulations 2012 S.I. 2012/2677) which relate to the “current scheme” and the “future scheme” respectively under the Child Support (Northern Ireland) order 1991 as it has effect as amended by section 1 of the Child Support, Pensions and Social Security (Northern Ireland) Act 2000. The amendments provide that, where a non-resident parent or their partner is awarded universal credit on the basis that the non-resident parent has no “earned income”, then they will be liable to pay the flat rate of maintenance unless the conditions for payment of the nil rate of maintenance apply. They also provide that the latter conditions include a reference to the situation where a non-resident parent or their partner is awarded universal credit on the above basis.
Chapters 3 to 9 contains amendments to secondary legislation relating to other legal regimes. Again, these Chapters insert references to universal credit where there are already references to other income-related benefits and provide for definitions of “contributory employment and support allowance” and “contribution-based jobseeker’s allowance” that include both the old style ESA and JSA contributory allowances and the new style contributory-only ESA and JSA allowances.
Regulation 43 amends the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (S.R. 1996 No. 459) and provides for the recoupment of an award of universal credit where the award was paid for a period in respect of which an employment tribunal has made an order, where the award would not have been paid if the person’s earnings had not been reduced or stopped.
Regulation 48 amends the Housing Renewal Grants (Reduction of Grants) Regulations Northern Ireland 2004 (S.R. 2004 No. 8) to provide that, in relation to a “relevant person” with respect to whom an application for a housing renewal grant is made, where the person or their partner (excluding a partner to a polygamous marriage that is not the earliest marriage with respect to partners living in one household) is entitled to universal credit, then they are to be regarded as having no income, and as having an “applicable amount” of £1, with the result that there will be no reduction in grant with respect to that person
Regulation 51 amends the Social Security (Credits) Regulations (Northern Ireland) 1975 (S.R. 1995 No.113) and provides that a person entitled to universal credit will be credited with a class 3 national insurance contribution.
An assessment has been made of the impact of universal credit. Copies of the Impact Assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London SW1 9NA. it is available alongside this instrument and the Explanatory Memorandum on www.legislation.gov.uk.