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The Universal Credit Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule

Publication 2016-05-05

Last updated 2026-04-06

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 5th May 2016

Laid: 10th May 2016

Coming into operation in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles, 5, 7(2), 9(2), (3), (5) to (7), 9(5)(a), 10, 11(1) and (3), 12(2) and (3), 13(3), 14(2) and (3), 15(2) to (5), 16(3) to (5), 17, 19(5), 20(2), 22(3) and (4), 23(3) and (5), 24(2)(d), (3) and (4), 25(1), 27(2), 29(1), (7) and (8), 30, 31(2)(a), (6) and (8), 32(4), (5), (9), 33, 36, 38, 43(3) to (7), 45(3)(a), 46, 48 and 101 of, and paragraphs 1,2, 3(2), 4, 5 and 7 of Schedule 1 and paragraphs 2 and 3 of Schedule 5 to, the Welfare Reform (Northern Ireland) Order 2015.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015.

PART 1 — INTRODUCTION

Citation and commencement

1

These Regulations may be cited as the Universal Credit Regulations (Northern Ireland) 2016 and come into operation on the day on which Article 6 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit) comes into force for all purposes in respect of the whole or any part of Northern Ireland.

Interpretation

2

(1) In these regulations—

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;

“the EEA Regulations” means the Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020;

“the ESA Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2016 ;

“the ITEPA” means the Income Tax (Earnings and Pensions) Act 2003 ;

“the Medical Evidence Regulations” means the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976 ;

“the Order” means the Welfare Reform (Northern Ireland) Order 2015;

“adopter” has the meaning in regulation 88(3)(a);

“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

“attendance allowance” means—an attendance allowance under section 64 of the Contributions and Benefits Act ;an increase of disablement pension under section 104 or 105 of that Act (increases where constant attendance needed and for exceptionally severe disablement);a payment by virtue of Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;any payment based on the need for attendance which is paid as an addition to a war disablement pension;armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

“authority” has the meaning in Article 2 of the Children (Northern Ireland) Order 1995 ;

“blind” means certified as severely sight impaired or blind by a consultant ophthalmologist;

“care leaver” has the meaning in regulation 8(4);

“carer's allowance” means a carer's allowance under section 70 of the Contributions and Benefits Act;

“carer element” has the meaning in regulation 30;

“carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

“child disability payment” has the meaning given in the DACYP Regulations (see regulation 2 of those Regulations);

“childcare costs element” has the meaning in regulation 32;

“child element” has the meaning in regulation 25;

“close relative” in relation to a person, means—a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother or sister; andif any of the above is a member of a couple, the other member of the couple;

“confinement” has the meaning in regulation 8(4);

“course of advanced education” has the meaning in regulation 12;

“the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

“disability living allowance” means an allowance under section 71 of the Contributions and Benefits Act;

“earned income” has the meaning in regulation 51;

“employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by Schedule 3 and Part 1 of Schedule 12 to the Order;

“expected number of hours per week” has the meaning in regulation 87;

“foster parent” means the person with whom a child is, or is proposed to be, placed under the Foster Placement (Children) Regulations (Northern Ireland) 1996 ;

“grant” has the meaning in regulation 68;

“health care professional” means (except in regulation 96)—a registered medical practitioner;a registered nurse; oran occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999 ;

“housing costs element” has the meaning in regulation 26;

“HSC trust” means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ;

“individual threshold” has the meaning in regulation 89(2);

“industrial injuries benefit” means a benefit under Part 5 of the Contributions and Benefits Act;

“jobseeker's allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by Part 1 of Schedule 12 to the Order (removing references to an income-based allowance);

“LCWRA element” has the meaning in regulation 28;

“local welfare provision” means occasional financial or other assistance given by a Northern Ireland Department, or a person authorised to exercise any function of, or provide a service to, it, to or in respect of individuals for the purpose of—meeting, or helping to meet, an immediate short term need—arising out of an exceptional event, or exceptional circumstances; andthat requires to be met in order to avoid a risk to the well-being of an individual; orenabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—in prison, hospital, a residential care establishment or other institution; orhomeless or otherwise living an unsettled way of life;

“looked after by an authority” in relation to a child or young person means a child or young person who is looked after by an authority within the meaning of Article 25 of the Children (Northern Ireland) Order 1995;

“maternity allowance” means a maternity allowance under section 35 or 35B of the Contributions and Benefits Act ;

“monthly earnings” has the meaning in regulation 89(6);

“national insurance contributions” means contributions under Part 1 of the Contributions and Benefits Act;

“National Minimum Wage Regulations” means that National Minimum Wage Regulations 2015.

“paid work” means work done for payment or in expectation of payment and does not include being engaged by a charitable or voluntary organisation, or as a volunteer, in circumstances in which the payment received by or due to be paid to the person is in respect of expenses;

“partner” means (except in regulation 77) the other member of a couple;

“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;

“personal independence payment” means an allowance under Part 5 of the Order;

“pre-2026 claimant” has the meaning in regulation 28A(1);

“prisoner” means—a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; oris on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953 ,other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986 ;

“qualifying young person” has the meaning in regulation 6;

“redundancy” has the meaning in Article 174(1) of the Employment Rights (Northern Ireland) Order 1996 ;

“Regional Health and Social Care Board” means a Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ;

“regular and substantial caring responsibilities for a severely disabled person” has the meaning in regulation 31;

“relevant childcare” has the meaning in regulation 37;

“responsible for a child or qualifying young person” has the meaning in regulation 4;

“Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

“severe conditions criteria claimant” has the meaning in regulation 41A(2);

“statutory adoption pay” means a payment under Part XIIZB of the Contributions and Benefits Act ;

“statutory maternity pay” means a payment under Part XII of the Contributions and Benefits Act;

“statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with Part 12ZD of the Contributions and Benefits Act;

“statutory paternity pay” means statutory paternity pay under Part XIIZA of the Contributions and Benefits Act ;

“statutory shared parental pay” means statutory shared parental pay payable in accordance with Part XIIZC of the Contributions and Benefits Act ;

“statutory sick pay” means a payment under Part XI of the Contributions and Benefits Act;

“step-parent” in relation to a child or qualifying young person (“A”), means a person who is not A's parent but— is a member of a couple, the other member of which is a parent of A, where both are responsible for A; orwas previously a member of a couple, the other member of which was a parent of A, where immediately prior to ceasing to be a member of that couple the person was, and has since continued to be, responsible for A;

“student loan” has the meaning in regulation 68;

“terminally ill” means suffering from a progressive disease where death in consequence of that disease can reasonably be expected within 12 months;

“total outstanding reduction period” has the meaning in regulation 98(5);

“trade dispute” has the meaning as in Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 ;

“unearned income” has the meaning in regulation 66;

“war disablement pension” means any retired pay, pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the ITEPA;

“widowed mother's allowance” means an allowance under section 37 of the Contributions and Benefits Act;

“widowed parent's allowance” means an allowance under section 39A of the Contributions and Benefits Act ;

“widow's pension” means a pension under section 38 of the Contributions and Benefits Act.

(2) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954 , where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

The Benefit Unit

Couples

3

(1) A couple may be entitled to universal credit as joint claimants where—

(a) one member does not meet the basic condition in Article 9(1)(b) of the Order (under the qualifying age for state pension credit) if the other member does meet that condition, or

(b) one member does not meet the basic condition in Article 9(1)(d) of the Order (not receiving education) and is not excepted from that condition if the other member does meet that condition or is excepted from it.

(2) A person who is a member of a couple may make a claim as a single person if the other member of the couple—

(a) does not meet the basic condition in Article 9(1)(a) of the Order (at least 18 years old) and is not a person in respect of whom the minimum age specified in regulation 8 applies,

(b) does not meet the basic condition in Article 9(1)(c) of the Order,

(d) is a person other than a prisoner in respect of whom entitlement does not arise by virtue of regulation 19 (restrictions on entitlement), or

(e) is a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies,

and regulations 18 (capital), 38 (amounts of elements) and 23 (deduction of income and work allowance) provide for the calculation of the award in such cases.

(3) Where two people are parties to a polygamous marriage, the fact that they are husband and wife is to be 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 household,

and, accordingly, the person who is not a party to the earlier marriage may make a claim for universal credit as a single person.

(4) In paragraph (3) “polygamous marriage” means a marriage during which a party to it is married to more than one person and which took place under the laws of a country which permits polygamy.

(5) Where the claimant is a member of a couple, and the other member is temporarily absent from the claimant's household, they cease to be treated as a couple if that absence is expected to exceed, or does exceed, 6 months.

When a person is responsible for a child or qualifying young person

4

(1) Whether a person is responsible for a child or qualifying young person for the purposes of Part 2 of the Order and these Regulations is determined as follows.

(2) A person is responsible for a child or qualifying young person who normally lives with them.

(3) But a person is not responsible for a qualifying young person if the two of them are living as a couple.

(4) Where a child or qualifying young person normally lives with two or more persons who are not a couple, only one of them is to be treated as responsible and that is the person who has the main responsibility.

(5) The persons mentioned in paragraph (4) may jointly nominate which of them has the main responsibility but the Department may determine that question—

(a) in default of agreement, or

(b) if a nomination or change of nomination does not, in the opinion of the Department, reflect the arrangements between those persons.

(6) Subject to regulation 5, a child or qualifying young person is to be treated as not being the responsibility of any person during any period when the child or qualifying young person is—

(a) looked after by an authority, or

(b) a prisoner.

(7) Where a child or qualifying young person is temporarily absent from a person's household the person ceases to be responsible for the child or qualifying young person if—

(a) the absence is expected to exceed, or does exceed, 6 months, or

(b) the absence is from Northern Ireland and is expected to exceed, or does exceed, one month unless it is in circumstances where an absence of a person for longer than one month would be disregarded for the purposes of regulation 11(2) or (3) (death of close relative etc.or medical treatment or convalescence).

Responsibility for children looked after by an authority

5

(1) There is excluded from regulation 4(6)(a)—

(a) any period which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person;

(b) any period during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for them;

(c) any period during which the child or qualifying young person is placed for adoption under the Adoption (Northern Ireland) Order 1987.

(2) For the purposes of this regulation, a person has parental responsibility if they are not a foster parent and have parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 1995.

Meaning of “qualifying young person”

6

(1) A person who has reached the age of 16 but not the age of 20 is a qualifying young person for the purposes of Part 2 of the Order and these Regulations—

(a) up to, but not including, the 1st September following their 16th birthday, and

(b) up to, but not including, the 1st September following their 19th birthday, if they are enrolled on, or accepted for, approved training or a course of education—

(i) which is not a course of advanced education,

(ii) which is provided at a school or college or provided elsewhere but approved by the Department, and

(iii) where the average time spent during term time in receiving tuition, engaging in practical work, or supervised study or taking examinations exceeds 12 hours per week.

(2) Where the young person is aged 19, they must have started the education or training or been enrolled on or accepted for it before reaching that age.

(3) The education or training referred to in paragraph (1) does not include education or training provided by means of a contract of employment.

(4) “Approved training” means training provided in Northern Ireland directly or indirectly by a Training Organisation pursuant to its arrangement with the Department for Employment and Learning under the Employment and Training Act (Northern Ireland) 1950 whether that agreement is known as an operating agreement or by any other name.

(5) A person who is receiving universal credit, an employment and support allowance or a jobseeker's allowance is not a qualifying young person.

General

Rounding

7

(1) Where the calculation of an amount for the purposes of these Regulations results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.

(2) Where the calculation of an amount for the purposes of the following provisions results in a fraction of a pound that fraction is to be disregarded—

(za) regulation 82(1)(a) (exceptions – earnings);

(a) regulation 89 (claimants subject to no work-related requirements – the earnings thresholds); and

(b) regulation 97(6) (circumstances in which requirements must not be imposed). ...

(3) This regulation does not apply to the calculation in regulation 108 (daily reduction rate) for a reduction under Article 31 or 32 of the Order.

PART 2 — ENTITLEMENT

Minimum age

Cases where the minimum age is 16

8

(1) For the basic condition in Article 9(1)(a) of the Order (at least 18 years old) the minimum age is 16 years old where a person—

(a) has limited capability for work,

(b) is awaiting an assessment under Part 5 to determine whether the person has limited capability for work and has a statement given ... in accordance with the Medical Evidence Regulations which provides that the person is not fit for work,

(d) is responsible for a child,

(e) is a member of a couple the other member of which is responsible for a child or a qualifying young person (but only where the other member meets the basic conditions in Article 9 of the Order),

(f) is pregnant, and it is 11 weeks or less before her expected week of confinement, or was pregnant and it is 15 weeks or less since the date of her confinement, or

(g) is without parental support (see paragraph (3)).

(2) Paragraphs (1)(c), (f) and (g) do not include any person who is a care leaver.

(3) For the purposes of paragraph (1)(g) a young person is without parental support where that person is not being looked after by an authority and—

(a) has no parent,

(b) cannot live with their parents because—

(i) the person is estranged from them, or

(ii) there is a serious risk to the person's physical or mental health, or that the person would suffer significant harm if the person lived with them, or

(i) has a physical or mental impairment,

(ii) is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii) is prohibited from entering or re-entering Northern Ireland.

(4) In this regulation—

“parent” includes any person acting in the place of a parent;

“care leaver” means an eligible child for the purposes of Article 34A of the Children (Northern Ireland) Order 1995 or a relevant child for the purposes of Article 34B of that Order;

“confinement” means—labour resulting in the birth of a living child, orlabour after 24 weeks of pregnancy resulting in the birth of a child whether alive or dead, and where a woman's labour begun on one day results in the birth of a child on another day she is to be taken to be confined on the date of the birth.

In Northern Ireland

Persons treated as not being in Northern Ireland

9

(1) For the purposes of determining whether a person meets the basic condition to be in Northern Ireland, except where a person falls within paragraph (4) and subject to paragraph (4A), , a person is to be treated as not being in Northern Ireland if the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(2) A person must not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless the person has a right to reside in one of those places.

(3) For the purposes of paragraph (2), a right to reside does not include a right which exists by virtue of, or in accordance with—

(a) regulation 13 of the EEA Regulations ...,

(b) regulation 14 of the EEA Regulations , but only in cases where the right exists under that regulation because the person is—

(i) a qualified person for the purposes of regulation 6(1) of those Regulations as a jobseeker, or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker, ...

(c) regulation 16 of the EEA Regulations , but only in cases where the right exists under that regulation because the person satisfies the criteria in regulation 16(5) of those Regulations ..., or

(d) a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(i) Appendix EU to the immigration rules made under section 3(2) of that Act, ...

(ii) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act, or

(iii) having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.

(3A) Paragraph (3)(d)(i) does not apply to a person who—

(a) has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b) would have a right to reside under the EEA Regulations if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3)(a) or (c)

(4) A person falls within this paragraph if the person is—

(za) a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

(i) the Afghan Relocations and Assistance Policy, or

(ii) the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(zb) a person in Northern Ireland not coming within sub-paragraph (za) or (e) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021,

(zc) a person in Northern Ireland who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, ...

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

(zd) a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(ze) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

(i) has been granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971,

(ii) has a right of abode in the United Kingdom within the meaning given in section 2 of that Act, or

(iii) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(zf) a person who—

(i) was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—

(aa) provided public information to advise British nationals to leave that country or territory, or

(bb) arranged the evacuation of British nationals from that country or territory;

(ii) has left that country or territory and is present in Northern Ireland; and

(iii) has—

(aa) a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(bb) no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(cc) leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

(dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act, or

(zg) a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules,

(a) a qualified person for the purposes of regulation 6 of the EEA Regulations as a worker or a self-employed person,

(b) a family member of a person referred to in sub-paragraph (a) ...,

(c) a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations,

(ca) a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3)(d)(i), provided that the relevant person of Northern Ireland falls within paragraph (4)(a), or would do so but for the fact that they are not an EEA national,

(cb) a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020,

(cc) a family member, of a person referred to in sub-paragraph (cb), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971,

(d) a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 , as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ,

(e) a person who has been granted, or who is deemed to have been granted, leave outside the rules made under section 3(2) of the Immigration Act 1971 ...

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(f) a person who has humanitarian protection granted under those rules, or

(g) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 and who is in the United Kingdom as a result of their deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

(4A) A person who falls within paragraph (4)(zf) will be treated as a person in Northern Ireland in the circumstances specified in paragraph (1) for 6 months beginning on the day on which the public information is issued, or the evacuation is started.

(5) In this regulation—

“EEA national” has the same meaning given in regulation 2(1) of the EEA Regulations,

“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the EEA Regulations, except that regulation 7(4) does not apply for the purposes of paragraphs (3A) and (4)(ca),

“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.

Crown servants and members of Her Majesty's forces posted overseas

10

(1) The following persons do not have to meet the basic condition to be in Northern Ireland—

(a) a Crown servant or member of Her Majesty's forces posted overseas;

(b) in the case of joint claimants, the partner of a person mentioned in sub-paragraph (a) while they are accompanying the person on that posting.

(2) A person mentioned in paragraph (1)(a) is posted overseas if the person is performing overseas the duties of a Crown servant or member of Her Majesty's forces and was, immediately before their posting or the first of consecutive postings, habitually resident in the United Kingdom.

(3) In this regulation—

“Crown servant” means a person holding an office or employment under the Crown, and

“Her Majesty's forces” has the meaning in the Armed Forces Act 2006 .

Temporary absence from Northern Ireland

11

(1) A person's temporary absence from Northern Ireland is disregarded in determining whether they meet the basic condition to be in Northern Ireland if—

(a) the person is entitled to universal credit immediately before the beginning of the period of temporary absence, and

(b) either—

(i) the absence is not expected to exceed, and does not exceed, one month, or

(ii) paragraph (3) or (4) applies or

(iii) paragraph (4A) applies.

(2) The period of one month in paragraph (1)(b) may be extended by up to a further month if the temporary absence is in connection with the death of —

(a) the person's partner or a child or qualifying young person for whom the person was responsible, or

(b) a close relative of the person, or of their partner or of a child or qualifying young person for whom the person or their partner was responsible,

and the Department considers that it would be unreasonable to expect the person to return to Northern Ireland within the first month.

(3) This paragraph applies where the absence is not expected to exceed, and does not exceed, 6 months and is solely in connection with—

(a) the person undergoing—

(i) treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner, or

(ii) medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the person had that illness or impairment before leaving Northern Ireland, or

(b) the person accompanying their partner or a child or qualifying young person for whom they are responsible for treatment or convalescence or care as mentioned in sub-paragraph (a).

(4) This paragraph applies where the absence is not expected to exceed, and does not exceed, 6 months and the person is—

(a) a mariner, or

(b) continental shelf worker who is in a designated area or a prescribed area.

(4A) This paragraph applies where—

(a) the person was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government—

(i) provided public information to advise British nationals to leave that country or territory, or

(ii) arranged the evacuation of British nationals from that country or territory;

(b) paragraph (1)(a), (b)(i), (b)(ii) or (2) applied to the person when the public information was issued or the evacuation began;

(c) the Department is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Northern Ireland; and

(d) the person did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

(4B) Where a person is temporarily absent from Northern Ireland, the total period of absence disregarded in determining whether they meet the basic condition to be in Northern Ireland will not exceed 6 months.

(5) In this regulation—

“continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998 ;

“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel, andthe contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;

“medically approved” means certified by a registered medical practitioner;

“prescribed area” means any area over which Norway or any member State ... exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;

“qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Receiving education

Meaning of “receiving education”

12

(1) For the basic condition in Article 9(1)(d) of the Order (not receiving education) a qualifying young person is to be treated as receiving education.

(2) In any other case “receiving education” means—

(a) undertaking a full-time course of advanced education, or

(b) undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for the person's maintenance.

(3) “course of advanced education” means—

(a) a course of study leading to—

(i) a postgraduate degree or comparable qualification,

(ii) a first degree or comparable qualification,

(iii) a diploma of higher education,

(iv) a higher national diploma, or

(b) any other course of study which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), or above a Scottish national qualification (higher or advanced higher).

(4) A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (2) is nevertheless to be treated as receiving education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Department.

Meaning of “undertaking a course”

13

(1) For the purposes of these Regulations a person is to be regarded as undertaking a course of education, study or training—

(a) throughout the period beginning on the date on which the person starts undertaking the course and ending on the last day of the course or on such earlier date (if any) as the person finally abandons it or is dismissed from it, or

(b) where a person is undertaking a part of a modular course, for the period beginning on the day on which that part of the course starts and ending —

(i) on the last day, on which the person is registered as undertaking that part, or

(ii) on such earlier date (if any) as the person finally abandons the course or is dismissed from it.

(2) The period referred to in paragraph (1)(b) includes—

(a) where a person has failed examinations or has failed to complete successfully a module relating to a period when the person was undertaking a part of the course, any period in respect of which the person undertakes the course for the purpose of retaking those examinations or completing that module, and

(b) any period of vacation within the period specified in paragraph (1)(b) or immediately following that period except where the person has registered to attend or undertake the final module in the course and the vacation immediately follows the last day on which the person is to attend or undertake the course.

(3) In this regulation “modular course” means a course which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(4) A person is not to be regarded as undertaking a course for any part of the period mentioned in paragraph (1) during which the following conditions are met—

(a) the person has, with the consent of the relevant educational establishment, ceased to attend or undertake the course because they are ill or caring for another person,

(b) the person has recovered from that illness or ceased caring for that person within the past year, but not yet resumed the course, and

Exceptions to the requirement not to be receiving education

14

(1) A person does not have to meet the basic condition in Article 9(1)(d) of the Order (not receiving education) if —

(a) the person —

(i) is undertaking, a full-time course of study or training which is not a course of advanced education,

(ii) is under the age of 21, or is 21 and reached that age whilst undertaking the course, and

(iii) is without parental support (as defined in regulation 8(3)),

(b) the person is entitled to attendance allowance , pension age disability payment, disability living allowance , Scottish adult disability living allowance , child disability payment , adult disability payment or personal independence payment and, on a date before the date on which the person starts receiving education—

(i) it has been determined that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 or under Part 4 or 5 of the ESA Regulations; or

(ii) the person is treated as having limited capability for work under Schedule 8 or limited capability for work and work-related activity under Schedule 9;

(d) the person is a single person and a foster parent with whom a child is placed,

(e) the person is a member of a couple, both of whom are receiving education, and the other member is—

(i) responsible for a child or qualifying young person, or

(ii) a foster parent with whom a child is placed, or

(f) the person—

(i) has reached the qualifying age for state pension credit, and

(ii) is a member of a couple the other member of which has not reached that age.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accepting a claimant commitment

Claimant commitment – date and method of acceptance

15

(1) For the basic condition in Article 9(1)(e) of the Order, a person who has accepted a claimant commitment within such period after making a claim as the Department specifies is to be treated as having accepted that claimant commitment on the first day of the period in respect of which the claim is made.

(2) In a case where an award may be made without a claim, a person who accepts a claimant commitment within such period as the Department specifies is to be treated as having accepted a claimant commitment on the day that would be the first day of the first assessment period in relation to the award in accordance with regulation 22(3) or (4) (assessment periods).

(3) The Department may extend the period within which a person is required to accept a claimant commitment or an updated claimant commitment where the person requests that it review—

(a) any action proposed as a work search requirement or a work availability requirement, or

(b) whether any limitation should apply to those requirements,

and it considers that the request is reasonable.

(4) A person must accept a claimant commitment by one of the following methods, as specified by the Department—

(a) electronically,

(b) by telephone, or

Claimant commitment – exceptions

16

(1) A person does not have to meet the basic condition to have accepted a claimant commitment if the Department considers that—

(a) the person cannot accept a claimant commitment because they lack the capacity to do so, or

(b) there are exceptional circumstances in which it would be unreasonable to expect the person to accept a claimant commitment.

(2) A person does not have to meet the basic condition to have accepted a claimant commitment if the person is terminally ill.

Financial conditions

Minimum amount

17

For the purposes of Article 10(1)(b) and (2)(b) of the Order (financial conditions: amount payable not less than any prescribed minimum) the minimum is one penny.

Capital limit

18

(1) For the purposes of Article 10(1)(a) and (2)(a) of the Order (financial conditions: capital limit)—

(a) the prescribed amount for a single claimant is £16,000, and

(b) the prescribed amount for joint claimants is £16,000.

(2) In a case where the person is a member of a couple, but makes a claim as a single person, the claimant's capital is to be treated as including the capital of the other member of the couple.

Restrictions on entitlement

Restrictions on entitlement – prisoners etc.

19

(1) Entitlement to universal credit does not arise where a person is—

(a) a member of a religious order who is fully maintained by their order,

(b) a prisoner, or

(2) Paragraph (1)(b) does not apply during the first 6 months when the claimant is a prisoner where—

(a) the person was entitled to universal credit as a single person immediately before becoming a prisoner, and the calculation of their award included an amount for the housing costs element, and

(b) the person has not been sentenced to a term in custody that is expected to extend beyond that 6 months.

(3) In the case of a prisoner to whom paragraph (2) applies, an award of universal credit is not to include any element other than the housing costs element.

(4) In paragraph (1)(c) a person serving a sentence of imprisonment detained in hospital is a person who is—

(a) being detained—

(i) under Article 53 of the Mental Health (Northern Ireland) Order 1986 , and

(ii) before the day which the Secretary of State certifies to be that person's release date within the meaning of Article 56(3) of that Order (in any case where there is such a release date).

Waiting days

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — AWARDS

Awards

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment periods

22

(1) An assessment period is a period of one month beginning with the first date of entitlement and each subsequent period of one month during which entitlement subsists.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Each assessment period begins on the same day of each month except as follows—

(a) if the first date of entitlement falls on the 31st day of a month, each assessment period begins on the last day of the month, and

(b) if the first date of entitlement falls on the 29th or 30th day of a month, each assessment period will begin on the 29th or 30th day of the month (as above) except in February when it begins on the 27th day or, in a leap year, the 28th day.

(3A) But paragraphs (1) and (3) are subject to regulation 22A (assessment period cycle to remain the same following change in the first date of entitlement).

(4) Where a new award is made to a single person without a claim by virtue of regulation 8(6)(a) or (10) of the Claims and Payments Regulations (old award has ended when the claimant ceased to be a member of a couple) each assessment period for the new award begins on the same day of each month as the assessment period for the old award.

(5) Where a new award is made to members of a couple jointly without claim by virtue of regulation 8(6)(b) or (7) of the Claims and Payments Regulations (two previous awards have ended when the claimants formed a couple) each assessment period for the new award begins on the same day of each month as the assessment period for whichever of the old awards ended earlier.

(6) Where a claim is treated as made by virtue of regulation 8(8) of the Claims and Payments Regulations, (old award ended when a claimant formed a couple with a person not entitled to universal credit) each assessment period in relation to the new award begins on the same day of each month as the assessment period for the old award.

(7) Where a claim is made by a single person or members of a couple jointly and the claimant (or either joint claimant) meets the following conditions—

(a) the claimant was previously entitled to an award of universal credit the last day of which fell within the 6 months preceding the date on which the claim is made, and

(b) during that 6 months—

(i) the claimant has continued to meet the basic conditions in Article 9 of the Order (disregarding the requirement to have accepted a claimant commitment and any temporary period of absence from Northern Ireland that would be disregarded during a period of entitlement to universal credit), and

(ii) the claimant was not excluded from entitlement by regulation 19 (restrictions on entitlement - prisoners etc.),

each assessment period for the new award begins on the same day of each month as the assessment period for the old award or, if there was an old award in respect of each joint claimant, the assessment period that ends earlier in relation to the date on which the claim is made.

(8) For the purposes of this regulation it does not matter if at the beginning of the first assessment period of the new award, the following persons do not meet the basic conditions in Article 9(1)(a) and (c) of the Order (at least 18 years old and in Northern Ireland) or if they are excluded from entitlement under regulation 19 (restrictions on entitlement – prisoners etc.) provided they meet those conditions (and are not so excluded) at the end of that assessment period—

(a) in a case to which paragraph (6) applies, the member of the couple who was not entitled to universal credit, or

(b) in a case to which paragraph (7) applies, the member of the couple who does not meet the conditions mentioned in that paragraph.

(9) In this regulation “the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 .

Deduction of income and work allowance

23

(1) The amounts to be deducted from the maximum amount in accordance with Article 13(3) of the Order (calculation of awards) to determine the amount of an award of universal credit are—

(a) all of the claimant's unearned income (or in the case of joint claimants all of their combined unearned income) in respect of the assessment period, and

(b) the following amount of the claimant's earned income (or, in the case of joint claimants, their combined earned income) in respect of the assessment period—

(i) in a case where no work allowance is specified in the table below (that is where a single claimant does not have, or neither of joint claimants has, responsibility for a child or qualifying young person or limited capability for work), 55% of that earned income, or

(ii) in any other case, 55% of the amount by which that earned income exceeds the work allowance specified in the table.

(2) The amount of the work allowance is—

(a) if the award contains no amount for the housing costs element, the applicable amount of the higher work allowance specified in the table below, and

(b) if the award does contain an amount for the housing costs element, the applicable amount of the lower work allowance specified in that table.

(3) In the case of an award where the claimant is a member of a couple, but makes a claim as a single person, the amount to be deducted from the maximum amount in accordance with Article 13(3) of the Order is the same as the amount that would be deducted in accordance with paragraph (1) if the couple were joint claimants.

Higher work allowance	Higher work allowance	Higher work allowance
Single claimant—	Single claimant—
	responsible for one or more children or qualifying young persons and/or has limited capability for work	£684
Joint claimants—	Joint claimants—
	responsible for one or more children or qualifying young persons and/or where one or both have limited capability for work	£684
Lower work allowance	Lower work allowance	Lower work allowance
Single claimant—	Single claimant—
	responsible for one or more children or qualifying young persons and/or has limited capability for work	£411
Joint claimants—	Joint claimants—
	responsible for one or more children or qualifying young persons and/or where one or both have limited capability for work	£411

Apportionment where re-claim is delayed after loss of employment

24

(1) This regulation applies where—

(a) a new award is made in a case to which regulation 22(7) (new claim within 6 months of a previous award) applies, and

(b) the claimant (or either joint claimant) is not in paid work and has ceased being in paid work since the previous award ended, other than in the 7 days ending with the date on which the claim is made.

(2) In calculating the amount of the award for the first assessment period in accordance with Article 13 of the Order—

(a) the amount of each element that is to be included in the maximum amount, and

(b) the amount of earned and unearned income that is to be deducted from the maximum amount,

are each to be reduced to an amount produced by the following formula—

$$N × [ A × 12 365 ]$Where—N is the number of days in the period beginning with the date on which the claim is made and ending with the last day of the assessment period, andA is the amount of the element that would otherwise be payable for that assessment period or, as the case may be, the amount of earned and unearned income that would otherwise be deducted for that assessment period.$

(3) The period of 7 days in paragraph (1)(b) may be extended if the Department considers there is good reason for the delay in making the claim.

PART 4 — ELEMENTS OF AN AWARD

Responsibility for children or young persons

The child element

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 ... (“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 , Scottish adult disability living allowance , child disability payment , 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 , the care component of Scottish adult disability living allowance at the highest rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 , the care component of child disability payment at the highest rate in accordance with regulation 11(5) of the DACYP Regulations , 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.

Housing costs

The housing costs element

26

(1) Paragraphs (2) to (4) specify for the purposes of Article 16 of the Order (housing costs)—

(a) what is meant by payments in respect of accommodation (see paragraph (2)),

(b) the circumstances in which a claimant is to be treated as liable or not liable to make such payments (see paragraph (3)),

(c) the circumstances in which a claimant is to be treated as occupying or not occupying accommodation and in which land used for the purposes of any accommodation is to be treated as included in the accommodation (see paragraph (4)).

(2) The payments in respect of accommodation must be—

(a) payments within the meaning of paragraph 2 of Schedule 1 (“rent payments”);

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

(3) The circumstances of the liability to make the payments must be such that—

(a) the claimant (or either joint claimant)—

(i) has a liability to make the payments which is on a commercial basis, or

(ii) is treated under Part 1 of Schedule 2 as having a liability to make the payments, and

(b) none of the provisions in Part 2 of that Schedule applies to treat the claimant (or either joint claimant) as not being liable to make the payments.

(4) The circumstances in which the accommodation is occupied must be such that—

(a) the claimant is treated under Part 1 of Schedule 3 as occupying the accommodation as their home (including any land used for the purposes of the accommodation which is treated under that Part as included in the accommodation), and

(b) none of the provisions in Part 2 of that Schedule applies to treat the claimant as not occupying that accommodation.

(5) References in these Regulations—

(a) to the housing costs element are to the amount to be included in a claimant's award under Article 16 of the Order,

(b) to a claimant who meets the payment condition, the liability condition or the occupation condition are, respectively, to any claimant in whose case the requirements of paragraph (2), (3) or (4) are met (and any reference to a claimant who meets all of the conditions specified in this regulation is to be read accordingly).

Amount of the housing costs element – renters and owner-occupiers

27

(1) This regulation provides for the amount to be included in an award in respect of an assessment period in which the claimant meets all the conditions specified in regulation 26.

(2) Schedule 4 has effect in relation to any claimant where—

(a) the claimant meets all of those conditions, and

(b) the payments for which the claimant is liable are rent payments (whether or not service charge payments are also payable).

(3) Schedule 5 has effect in relation to any claimant where—

(a) the claimant meets all of those conditions, and

(b) the payments for which the claimant is liable are—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) service charge payments ....

(4) Where both paragraphs (2) and (3) apply in relation to a claimant who occupies accommodation under an equity-sharing lease—

(a) an amount is to be calculated under each of Schedules 4 and 5, and

(b) the amount of the claimant's housing costs element is the aggregate of those amounts.

(5) Where, in a case to which paragraph (4) applies, there is a liability for service charge payments, the amount in respect of those payments is to be calculated under Schedule 4.

(6) “Equity-sharing lease” means a lease of land, the general effect of which is to provide—

(a) that, in consideration for the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent, and

(b) that the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor's reversion in the premises demised.

Particular needs or circumstances – capability for work

Award to include LCW and LCWRA elements

28

(1) An award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).

(2) The amount of that element is given in the table in regulation 38 by reference to whether the claimant is—

(a) a pre-2026 claimant,

(b) a severe conditions criteria claimant,

(d) any other claimant.

(3) Whether a claimant has limited capability for ... work and work-related activity or is a severe conditions criteria claimant is determined in accordance with Part 5.

(4) In the case of joint claimants, where each of them has limited capability for work and work-related activity,

(a) the award is only to include one LCWRA element , and

(b) where the LCWRA element for each of them is a different amount, the LCWRA element to be included is the higher amount.

Period for which the LCW or LCWRA element is not to be included

29

(1) An award of universal credit is not to include the ... LCWRA element until the beginning of the assessment period that follows the assessment period in which the relevant period ends.

(2) The relevant period is the period of 3 months beginning with—

(a) if regulation 42(2) applies (claimant with monthly earnings equal to or above the relevant threshold) the date on which the award of universal credit commences or, if later, the date on which the claimant applies for the ... LCWRA element to be included in the award, or

(b) in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

(3) Where, in the circumstances referred to in paragraph (4), there has been a previous award of universal credit—

(a) if the previous award included the ... LCWRA element, paragraph (1) does not apply, and

(b) if the relevant period in relation to that award has begun but not ended, the relevant period ends on the date it would have ended in relation to the previous award.

(4) The circumstances are where—

(a) immediately before the award commences, the previous award has ceased because the claimant ceased to be a member of a couple or became a member of a couple, or

(b) within the six months before the award commences, the previous award has ceased because the financial condition in Article 10(1)(b) (or if it was a joint claim, Article 10(2)(b)) of the Order was not met.

(5) Paragraph (1) also does not apply if—

(a) the claimant is terminally ill, or

(b) the claimant—

(i) is entitled to an employment and support allowance that includes the support component ..., or

(ii) was so entitled on the day before the award of universal credit commenced and has ceased to be so entitled by virtue of section 1A of the Welfare Reform Act (Northern Ireland) 2007 (duration of contributory allowance).

(6) Paragraph (1) does not apply where a claimant has limited capability for work and it is subsequently determined that they have limited capability for work and work-related activity.

(7) Where, by virtue of this regulation, the condition in Article 10(1)(b) or 10(2)(b) of the Order is not met, the amount of the claimant's income (or, in the case of joint claimants, their combined income) is to be treated during the relevant period as such that the amount payable is the prescribed minimum (see regulation 17).

Particular needs or circumstances - carers

Award to include the carer element

30

(1) An award of universal credit is to include an amount (“the carer element”) specified in the table in regulation 38 where a claimant has regular and substantial caring responsibilities for a severely disabled person, subject to paragraphs (2) to (4) and section 70 of the Contributions and Benefits Act (entitlement by different persons to the carer element and to carer's allowance or carer support payment in respect of the same severely disabled person).

(2) In the case of joint claimants, an award is to include the carer element for both joint claimants if they both qualify for it, but only if they are not caring for the same severely disabled person.

(3) Where two or more persons have regular and substantial caring responsibilities for the same severely disabled person, an award of universal credit may only include the carer element in respect of one of them and that is the one they jointly elect or, in default of election, the one the Department determines.

(4) Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.

Meaning of “regular and substantial caring responsibilities for a severely disabled person”

31

(1) For the purposes of Part 2 of the Order and these Regulations, a person has regular and substantial caring responsibilities if—

(a) they satisfy the conditions for entitlement to a carer’s allowance or would do so but for the fact that—

(i) their earnings have exceeded the limit prescribed for the purposes of that allowance; or

(ii) they are—

(aa) resident, or treated as resident, in Scotland; or

(bb) resident outside of Northern Ireland and have a genuine and sufficient link to Scotland; or

(b) they are entitled to carer support payment.

(2) paragraph (1)(a) applies whether or not the person has made a claim for a carer's allowance.

(3) A person does not have regular and substantial caring responsibilities for a severely disabled person if the person derives earned income from those caring responsibilities.

(4) For the purposes of paragraph (1), “sufficient” has the meaning given in paragraph 3 of Schedule 1 to the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

Particular needs or circumstances – childcare costs

Award to include childcare costs element

32

An award of universal credit is to include an amount in respect of childcare costs (“the childcare costs element”) in respect of an assessment period in which the claimant meets both—

(a) the work condition (see regulation 33), and

(b) the childcare costs condition (see regulation 34).

The work condition

33

(1) The work condition is met in respect of an assessment period if—

(a) the claimant is in paid work or has an offer of paid work that is due to start before the end of the next assessment period, and

(b) if the claimant is a member of a couple (whether claiming jointly or as a single person), the other member is either in paid work or is unable to provide childcare because that person—

(i) has limited capability for work,

(ii) has regular and substantial caring responsibilities for a severely disabled person, or

(iii) is temporarily absent from the claimant's household.

(2) For the purposes of meeting the work condition in relation to an assessment period a claimant is to be treated as being in paid work if—

(a) the claimant has ceased paid work—

(i) in that assessment period,

(ii) in the previous assessment period, or

(iii) if the assessment period in question is the first or second assessment period in relation to an award, in that assessment period or in the month immediately preceding the commencement of the award, or

(b) the claimant is receiving statutory sick pay, statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory parental bereavement pay , statutory parental bereavement pay or a maternity allowance.

The childcare costs condition

34

(1) The childcare costs condition is met in respect of an assessment period if—

(a) the claimant has paid charges for relevant childcare that are attributable to that assessment period (see regulation 36) and those charges have been reported to the Department before the end of the assessment period that follows the assessment period in which they are paid,

(b) the charges are in respect of—

(i) a child, or

(ii) a qualifying young person who has not reached the 1st September following their 16th birthday,

for whom the claimant is responsible, and

(i) that are to enable the claimant to take up paid work or to continue in paid work, or

(ii) where the claimant is treated as being in paid work by virtue of regulation 33(2), that are to enable the claimant to maintain childcare arrangements that were in place when the claimant ceased paid work or began to receive those benefits.

(2) The late reporting of charges for relevant childcare may be accepted in the same circumstances as late notification of a change of circumstances may be accepted under regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2016 and in such cases, subject to regulation 36 below, all or part of any such charges may be taken into account in any assessment period to which they relate.

(3) For the purposes of paragraph (2), “the relevant notification period” in regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 (effective dates for superseding decisions where changes notified late) means a period of time ending on the last day of the assessment period that follows the assessment period in which the charges for relevant childcare were paid.

Amount of childcare costs element

35

(1) The amount of the childcare costs element for an assessment period is the lesser of—

(a) 85 percent of the charges paid for relevant childcare that are attributable to that assessment period, or

(b) the maximum amount specified in the table in regulation 38.

(2) In determining the amount of charges paid for relevant childcare, there is to be left out of the account any amount—

(a) that the Department considers excessive having regard to the extent to which the claimant (or, if the claimant is a member of a couple, the other member) is engaged in paid work, or

(b) that is met or reimbursed by an employer or some other person or is covered by other relevant support.

(3) “Other relevant support” means payments out of funds provided by the Department in connection with the claimant's participation in work-related activity or training.

(3A) in determining the amount of charges paid for relevant childcare pursuant to regulation 35(2) of the Universal Credit Regulations (Northern Ireland) 2016, the Department must not leave out of the account a payment for childcare costs from the Adviser Discretion Fund.

Charges attributable to an assessment period

36

(1) Charges paid for relevant childcare are attributable to an assessment period where those charges —

(a) are paid in that assessment period for relevant childcare in respect of that assessment period, or

(b) are paid in that assessment period for relevant childcare in respect of a previous assessment period, or

(c) were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.

(2) For the purposes of paragraph (1)(c), where a claimant pays charges for relevant childcare in advance, the amount which they have paid in respect of any assessment period is to be calculated as follows:

Step 1Take the total amount of the advance payment (leaving out of account any amount referred to in regulation 35(2)).

Step 2Apply the formula—$[ P A D ] × A P$Where—PA is the amount resulting from Step1,D is the total number of days covered by the payment referred to in Step 1, andAP is the number of days covered by the payment which also fall within the assessment period in question.3In this regulation, reference to an assessment period in which charges are paid, or in respect of which charges are paid, includes any month preceding the commencement of the award that begins on the same day as each assessment period in relation to a claimant's current award.

Meaning of “relevant childcare”

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(1) “Relevant childcare” means any of the care described in paragraphs (2) and (3) and other than care excluded by paragraph (4) or (5).

(2) Care provided in Northern Ireland for a child—

(a) by a person registered under Part XI of the Children (Northern Ireland) Order 1995,

(b) out of school hours by a school as part of the school activities, or

(c) by a childcare provider approved in accordance with a scheme under the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006 .

(d) by a home based childcare provider approved by a Health and Social Care Trust in Northern Ireland in line with Department of Health for Northern Ireland Approved Home Childcare guidance.

(3) Care provided for a child outside Northern Ireland—

(a) by a childcare provider approved by an organisation accredited by the Secretary of State; or

(b) in any other case, by a childcare provider approved or accredited under the legislation of the relevant state, where evidence of such approval or accreditation is provided to the Department by the claimant.

(4) The following are not relevant childcare—

(a) care provided for a child by a close relative of the child, wholly or mainly in the child's home, and

(b) care provided by a person who is a foster parent of the child.

(5) Care is not within paragraph (2)(a) if it is provided in breach of a requirement to register under Part 2 of the Children (Northern Ireland) Order 1995.

(6) In this regulation—

“child” includes a qualifying young person specified in regulation 34(1)(b)(ii) (the childcare costs condition);

“school” means a school as defined by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 .

General

Amounts of elements

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(1) The amounts of the standard allowance, the child element, the LCWRA element and the carer element (which are all fixed amounts) and the maximum amounts of the childcare costs element are given in the following table.

(2) The amount of the housing costs element is dealt with in regulation 27.

(3) In the case of an award where the claimant is a member of a couple, but claims as a single person, the amounts are those shown in the table for a single claimant.

Element	Element	Amount for each assessment period
Standard allowance—	Standard allowance—
	single claimant aged under 25	£338.58
	single claimant aged 25 or over	£424.90
	joint claimants both age under 25	£528.34
	joint claimants where either is aged 25 or over	£666.97
Child element—	Child element—
	first child or qualifying young person	£339.00
	second and each subsequent child or qualifying young person	£292.81
Additional amount for disabled child or qualifying young person—	Additional amount for disabled child or qualifying young person—
	lower rate	£158.76
	higher rate	£495.87
LCW and LCWRA elements—	LCW and LCWRA elements—
	limited capability for work	£158.76
	claimant with limited capability for work and work-related activity, other than a pre-2026 claimant, a severe conditions criteria claimant or a claimant who is terminally ill	£217.26
	pre-2026 claimant, severe conditions criteria claimant or claimant who is terminally ill	£429.80
Carer element.	Carer element.	£201.68
Childcare costs element—	Childcare costs element—
	maximum amount for one child	£1,031.88
	maximum amount for two or more children	£1,768.94

Run-on after a death

39

In calculating the maximum amount of an award where any of the following persons has died—

(a) in the case of a joint award, one member of the couple,

(b) a child or qualifying young person for whom a claimant was responsible,

(c) in the case of a claimant who had regular and substantial caring responsibilities for a severely disabled person, that person, or

(d) a person who was a non dependant within the meaning of paragraph 8(2) of Schedule 4,

the award is to continue to be calculated as if the person had not died for the assessment period in which the death occurs and the following two assessment periods.

Limited capability for work

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(1) A claimant has limited capability for work if—

(a) it has been determined that the claimant has limited capability for work on the basis of an assessment under this Part or under Part 4 of the ESA Regulations, or

(b) the claimant is to be treated as having limited capability for work (see paragraph (6)).

(2) An assessment under this Part is an assessment as to the extent to which a claimant who has some specific disease or bodily or mental disablement is capable of performing the activities prescribed in Schedule 6 or is incapable by reason of such disease or bodily or mental disablement of performing those activities.

(3) A claimant has limited capability for work on the basis of an assessment under this Part if, by adding the points listed in column (3) of Schedule 6 against each descriptor listed in column (2) of that Schedule that applies in the claimant's case, the claimant obtains a total score of at least—

(a) 15 points whether singly or by a combination of descriptors specified in Part 1 of that Schedule,

(b) 15 points whether singly or by a combination of descriptors specified in Part 2 of that Schedule, or

(4) In assessing the extent of a claimant's capability to perform any activity listed in Schedule 6, it is a condition that the claimant's incapability to perform the activity arises—

(a) in respect of any descriptor listed in Part 1 of that Schedule, from a specific bodily disease or disablement,

(b) in respect of any descriptor listed in Part 2 of that Schedule, from a specific mental illness or disablement, or

(i) Part 1 of that Schedule, as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement, or

(ii) Part 2 of that Schedule, as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.

(5) Where more than one descriptor specified for an activity applies to a claimant, only the descriptor with the highest score in respect of each activity which applies is to be counted.

(6) Subject to paragraph (7) a claimant is to be treated as having limited capability for work if any of the circumstances set out in Schedule 8 applies.

(7) Where the circumstances set out in paragraph 4 or 5 of Schedule 8 apply, a claimant may only be treated as having limited capability for work if the claimant does not have limited capability for work as determined in accordance with an assessment under this Part.

41

(1) A claimant has limited capability for work and work-related activity if—

(a) it has been determined that—

(i) the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part, or

(ii) the claimant has limited capability for work-related activity on the basis of an assessment under Part 5 of the ESA Regulations, or

(b) the claimant is to be treated as having limited capability for work and work-related activity (see paragraph (5)).

(2) A claimant has limited capability for work and work-related activity on the basis of an assessment under this Part if, by reason of the claimant's physical or mental condition—

(a) at least one of the descriptors set out in Schedule 7 applies to the claimant,

(b) the claimant's capability for work and work-related activity is limited, and

(3) In assessing the extent of a claimant's capability to perform any activity listed in Schedule 7, it is a condition that the claimant's incapability to perform the activity arises—

(a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b)—

(i) from a specific bodily disease or disablement, or

(ii) as a direct result of treatment provided by a registered medical practitioner for a specific physical disease or disablement, or

(b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d)—

(i) from a specific mental illness or disablement, or

(ii) as a direct result of treatment provided by a registered medical practitioner for a specific mental illness or disablement.

(4) A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.

(5) Subject to paragraph (6), a claimant is to be treated as having limited capability for work and work-related activity if any of the circumstances set out in Schedule 9 applies.

(6) Where the circumstances set out in paragraph 4 of Schedule 9 apply, a claimant may only be treated as having limited capability for work and work-related activity if the claimant does not have limited capability for work and work-related activity as determined in accordance with an assessment under this Part.

Work Capability Assessment

When an assessment may be carried out

42

(1) The Department may carry out an assessment under this Part where—

(a) it falls to be determined for the first time whether a claimant has limited capability for work or for work and work-related activity or is a severe conditions criteria claimant, or

(b) there has been a previous determination and the Department wishes to determine whether there has been a relevant change of circumstances in relation to the claimant's physical or mental condition or whether that determination was made in ignorance of, or was based on a mistake as to, some material fact,

but subject to paragraphs (2) to (6).

(2) If the claimant has monthly earnings that are equal to or exceed the relevant threshold, the Department may not carry out an assessment under this Part unless—

(a) the claimant is entitled to attendance allowance , pension age disability payment, disability living allowance , Scottish adult disability living allowance , child disability payment , adult disability payment or personal independence payment, or

(b) the assessment is for the purposes of reviewing a previous determination

(i) that a claimant has limited capability for work or for work and work-related activity that was made on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations , or

(ii) that a claimant is a severe conditions criteria claimant made on the basis of an assessment under this Part,

and, in a case where an assessment for the purposes of determining whether a claimant has limited capability for work and work-related activity may not be carried out by virtue of this paragraph, the claimant is to be treated as not having limited capability for work unless they are treated as having limited capability for work or for work and work-related activity by virtue of regulation 40(6) or 41(5).

(3) The relevant threshold for the purposes of paragraph (2) is the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 16 hours per week converted to a monthly amount by multiplying by 52 and dividing by 12.

(4) If it has been previously determined—

(a) on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work, or

(b) on the basis of an assessment under this Part that the claimant is a severe conditions criteria claimant,

no further assessment under this Part is to be carried out unless there is relevant evidence.

(5) If it has been previously determined—

(a) on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant has limited capability for work, and

(b) on the basis of an assessment under this Part that the claimant is not a severe conditions criteria claimant,

no further assessment under this Part for the purposes of reviewing the determination that the claimant is not a severe conditions criteria claimant is to be carried out unless there is relevant evidence.

(6) For the purposes of paragraphs (4) and (5) “relevant evidence”, in relation to a determination, means evidence to suggest that—

(a) the determination was made in ignorance of, or based on a mistake as to, some material fact, or

(b) there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition.

Assessment - supplementary

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(1) The following provisions apply to an assessment under this Part.

(2) The claimant is to be assessed as if the claimant were fitted with or wearing any prosthesis with which the claimant is normally fitted or normally wears or, as the case may be, wearing or using any aid or appliance which is normally, or could reasonably be expected to be, worn or used.

(3) If a descriptor applies in the case of the claimant as a direct result of treatment provided by a registered medical practitioner for a specific disease, illness or disablement, it is to be treated as applying by reason of the disease, illness or disablement.

Information requirement

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