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The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2021
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- Northern Ireland Statutory Rules
- 2021 No. 303
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Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216) and the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 226).
Regulation 2 substitutes a new paragraph 1(b) in regulation 14 of the Universal Credit Regulations (Northern Ireland) 2016 which sets out the exceptions to the requirement to meet the basic condition not to be receiving education. This provides that a person entitled to attendance allowance, disability living allowance, child disability payment or personal independence payment will be entitled to universal credit if they are determined to have a limited capability for work (LCW) or limited capability for work and work related activity (LCWRA) on a date before they started receiving education or they are treated as having LCW or LCWRA before that date. Paragraph 2 of regulation 14 of those Regulations, which contains an interpretation provision is omitted as it is no longer needed.
Regulation 3 amends regulation 19 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016. The amendments enable a person who transitions from income-related employment and support allowance to universal credit to be treated as having been determined to have LCW or LCWRA before the date the person started receiving education so that they will be entitled to universal credit.
These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c.8) are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
A full impact assessment has not been produced for these Regulations as no, or no significant impact on the private, public or voluntary sectors is foreseen.
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