2016 No. 46 (C. 2)

Social Security

The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 1) Order 2016

Made12th February 2016

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by Article 2(2) and (4) of the Welfare Reform (Northern Ireland) Order 20151.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of that Order.

Citation1.

This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 1) Order 2016.

Transitional and savings provision2.

(1)

The amendment of Article 7 (child support maintenance) of the Child Support (Northern Ireland) Order 1991 by virtue of the commencement of the provisions referred to in Article 3(5)(a) of this Order does not have effect in relation to a case which is an existing case.

(2)

An existing case is a case for which there is—

(a)

a maintenance assessment in force,

(b)

a maintenance calculation, made otherwise than in accordance with the new calculation rules, in force,

(c)

an application for a maintenance assessment which has been made but not determined, or

(d)

an application for a maintenance calculation, which falls to be made otherwise than in accordance with the new calculation rules, which has been made but not determined.

(3)

For the purposes of this article—

“maintenance assessment” and “maintenance calculation” have the same meaning as in Article 2(2) of the Child Support (Northern Ireland) Order 19912;

“new calculation rules” means the rules in Part 1 of Schedule 1 (calculation of child support maintenance) to that Order as amended by paragraph 2 of Schedule 1 (calculation by reference to gross weekly income) to the Child Maintenance Act (Northern Ireland) 20083.

Provisions coming into force on 17th February 20163.

(1)

The following provisions of the Welfare Reform (Northern Ireland) Order 2015 come into force on 17th February 2016.

(2)

In Part 3 (working age benefits)—

(a)

in Chapter 1 (jobseeker’s allowance), Article 53 (procedure for regulation-making powers);

(b)

in Chapter 2 (employment and support allowance)—

(i)

Article 56 (dual entitlement);

(ii)

Article 59 (condition relating to youth).

(3)

In Part 4 (other benefit changes), Articles 77 to 79 (social fund).

(4)

In Part 6 (social security: general)—

(a)

Articles 101 and 102 (benefit cap);

(b)

Article 111 (recovery of benefits: application of the Limitation (Northern Ireland) Order 1989);

(c)

Article 112 (powers to require information relating to investigations);

(d)

Article 113 (time limits for legal proceedings);

(e)

Article 120 (information-sharing in relating to provision of overnight care, etc.);

(f)

Article 121 (information-sharing in relation to welfare services etc.);

(g)

Article 122 (unlawful disclosure of information);

(h)

Article 123 (Articles 120 to 122: supplementary);

(i)

Article 124 (information-sharing for social security or employment purposes etc.);

(j)

Article 125 (reports by Department).

(5)

In Part 7 (miscellaneous)—

(a)

in Article 127 (collection of child support maintenance), paragraphs (1) and (2)(a);

(b)

Articles 129 to 131 (child support maintenance);

(c)

Article 132 (use of jobcentres by sex industry);

(d)

Article 133 (reduced fee for dog licences);

(e)

Article 135 (discretionary support);

(f)

Article 136 (discretionary support Commissioner);

(g)

Article 137 (payments to persons suffering financial disadvantage);

(h)

Articles 138 and 139 (duties of the Department).

(6)

In Part 8 (repeals)—

(a)

Article 140 (repeals);

(b)

Part 2 of Schedule 12 (entitlement to jobseeker’s allowance);

(c)

Part 12 of Schedule 12 (information-sharing).

Provisions coming into force on 4th April 20164.

The following provisions in Part 6 (general) of the Welfare Reform (Northern Ireland) Order 2015 come into force on 4th April 2016—

(a)

Article 109 (recovery of benefit payments), for the purpose of making regulations under section 109A of the Social Security Administration (Northern Ireland) Act 1992;

(b)

Articles 115 and 116 (penalties as alternative to prosecution).

Provisions coming into force on other dates5.

In Part 3 (working age benefits) of the Welfare Reform (Northern Ireland) Order 2015—

F1(a)

in Chapter 2 (employment and support allowance)—

(i)

Article 57(4) comes into force on 17th March 2016;

(ii)

Article 57(1) to (3) and Article 58 come into force on 28th November 2016;

(b)

in Chapter 3 (income support), Article 64 (entitlement of lone parents to income support etc.) comes into force on 16th January 2017.

Signed by authority of the Secretary of State for Work and Pensions.

Priti Patel

Minister of State,

Department for Work and Pensions

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Welfare Reform (Northern Ireland) Order 2015 relating to, in particular:

employment and support allowance;
benefit cap;
recovery of benefits;
penalties;
information sharing;
discretionary payments.