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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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articles 1

Reform history JSON API

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—psychological abuse;physical abuse;sexual abuse;emotional abuse;financial abuse, regardless of gender or sexuality of the victim;

“family member” in relation to a claimant, means the claimant's grandparent, grandchild. parent, step-parent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law and if any of those persons is a member of a couple, the other member of the couple;

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the claimant's employer, a representative of the claimant's trade union, or any public, voluntary or charitable body which has had direct contact with the claimant in connection with domestic violence;

“registered social worker” means a person registered as a social worker in a register maintained by—the Northern Ireland Social Care Council ;the Health and Care Professions Council; Social Care Wales, orthe Scottish Social Services Council.

Circumstances in which requirements must not be imposed

97

(1) Where paragraph (6), (7), (8) or (14) applies—

(a) the Department must not impose a work search requirement on a claimant, and

(b) “able and willing to immediately take up work” under a work availability requirement means able and willing to take up paid work, or attend an interview, immediately once the circumstances set out in paragraph (6), (7), (8), or (14) no longer apply.

(2) A work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (6), (7), (8), or (14) begin to apply.

(3) Where paragraph (11) applies—

(a) the Department must not impose a work search requirement on a claimant, and

(b) a work search requirement previously applying to the claimant ceases to have effect from the date on which the circumstances set out in paragraph (11) begin to apply.

(4) Where paragraph (12) applies “able and willing to immediately take up work” under a work availability requirement means able and willing to take up paid work or to attend an interview, immediately once the circumstances set out in paragraph (12) no longer apply.

(5) Where paragraph (13) applies “able and willing to immediately take up work” under a work availability requirement means—

(a) able and willing to take up paid work immediately once the circumstances set out in paragraph (13) no longer apply, and

(b) able and willing to attend an interview before those circumstances no longer apply.

(6) This paragraph applies where—

(a) the claimant is attending court or tribunal as a party to any proceedings or as a witness,

(b) the claimant is a prisoner,

(d) any of the following persons has died within the past 6 months—

(i) where the claimant was a member of a couple, the other member,

(ii) a child or qualifying young person for whom the claimant or, where the claimant is a member of a couple, the other member, was responsible, or

(iii) a child, where the claimant was the child's parent,

(e) the claimant is, and has been for no more than 6 months, receiving and participating in a structured recovery-orientated course of alcohol or drug dependency treatment,

(f) the claimant is, and has been for no more than 3 months, a person for whom arrangements have been made by a protection provider under section 82 of the Serious Organised Crime and Police Act 2005 , or

(g) the claimant is engaged in an activity of a kind approved by the Department as being in the nature of a public duty.

(7) Subject to paragraph (7A), this paragraph applies where the claimant—

(a) is unfit for work—

(i) for a period of no more than 14 consecutive days after the date that the evidence referred to in sub-paragraph (b) is provided, and

(ii) for no more than 2 such periods in any period of 12 months, and

(b) provides to the Department the following evidence—

(i) for the first 7 days when they are unfit for work, a declaration made by the claimant in such manner and form as the Department approves that the claimant is unfit for work, and

(ii) for any further days when they are unfit for work, if requested by the Department, a statement given ... in accordance with the rules set out in Part 1 of Schedule 1 to the Medical Evidence Regulations()which provides that the person is not fit for work.

(7A) Where paragraph (7B) applies, paragraph (7) will only apply to a claimant if the Department makes a decision to carry out an assessment under regulation 42(1)(b).

(7B) This paragraph applies where—

(i) it has previously been determined on the basis of an assessment under Part 5 of these Regulations or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work, or

(ii) the claimant has previously been treated as not having limited capability for work or limited capability for work-related activity under regulation 44(3) or 45(2); and

(b) the condition specified in the evidence provided by the claimant in accordance with paragraph (7)(b) is in the opinion of the Department the same, or substantially the same, as the condition specified in the evidence provided by the claimant in accordance with that paragraph before the date—

(i) of the determination that the claimant does not have limited capability for work, or

(ii) that the claimant was treated as not having limited capability for work or, as the case may be for work and work-related activity.

(8) This paragraph applies for one or more periods of one month, as provided for in paragraphs (9) and (10), where the claimant is the responsible carer of a child and an event referred to in subparagraph (a) or (b) has taken place in the last 24 months and has resulted in significant disruption to the claimant's normal childcare responsibilities-

(a) any of the following persons has died-

(i) a person who was previously the responsible carer of that child,

(ii) a parent of that child,

(iii) a brother or sister of that child, or

(iv) any other person who, at the time of their death, normally lived in the same accommodation as that child and was not a person who was liable to make payments on a commercial basis in respect of that accommodation, or

(b) the child has been the victim of, or witness to, an incident of violence or abuse and the claimant is not the perpetrator of that violence or abuse.

(9) Paragraph (8) is not to apply for more than one period of one month in each of the 4 consecutive periods of 6 months following the event (and, if regulation 96 or paragraph (6)(d) of this regulation applies in respect of the same event, that month is to run concurrently with any period for which that regulation or paragraph applies).

(10) Each period of one month begins on the date specified by the Department after the claimant has notified it of the circumstances in paragraph (8) provided that it is satisfied that the circumstances apply.

(11) This paragraph applies where the Department is satisfied that it would be unreasonable to require the claimant to comply with a work search requirement including if such a requirement were limited in accordance with Article 22(4) of the Order, because ...—

(a) the claimant is carrying out a work preparation requirement or voluntary work preparation (as defined in regulation 93(4) (work search requirement – all reasonable action)),

(b) the claimant has temporary child care responsibilities or is dealing with a domestic emergency, funeral arrangements or other temporary circumstances, ...

(c) the claimant is unfit for work for longer than the period of 14 days specified in paragraph (7)(a) or for more than 2 such periods in any period of 12 months and, where requested by the Department, provides the evidence mentioned in paragraph (7)(b)(ii), or

(d) paragraph (7) would apply to the claimant but for paragraph (7A).

(12) This paragraph applies where the Department is satisfied that it would be unreasonable to require the claimant to comply with a work availability requirement to be able and willing to—

(a) take up paid work, and

(b) attend an interview, (including if such a requirement were limited in accordance with Article 23(3) of the Order) because the claimant falls within sub-paragraph (a), (b), (c) or (d) of paragraph (11).

(13) This paragraph applies where the Department is satisfied that it would be—

(a) unreasonable to require the claimant to comply with a work availability requirement to be able and willing to take up paid work because the claimant falls within paragraph (11)(a), (b), (c) or (d), and

(b) reasonable to require the claimant to comply with a work availability requirement to be able and willing to attend an interview, including if such requirement were limited in accordance with Article 23(3) of the Order.

(14) This paragraph applies where—

(a) the claimant has monthly earnings (excluding any that are not employed earnings) that are equal to, or more than, the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 18 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12; or

(b) the claimant is a member of a couple whose combined monthly earnings (excluding any that are not employed earnings) are equal to, or more than, the amount that a person would be paid at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations for 29 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12.

(15) In paragraph (14) “employed earnings” has the meaning in regulation 55 (employed earnings).

(16) In this regulation “tribunal” means any tribunal listed in Schedule 1 to the Tribunals and Inquiries Act 1992 .

CHAPTER 2 — SANCTIONS

Reduction periods

General principles for calculating reduction periods

98

(1) The number of days for which a reduction in the amount of an award is to have effect (“the reduction period”) is to be determined in relation to each sanctionable failure in accordance with regulations 99 to 102, subject to paragraphs (3) and (4).

(2) Reduction periods are to run consecutively.

(3) If the reduction period calculated in relation to a sanctionable failure in accordance with regulations 99 to 102 would result in the total outstanding reduction period exceeding 546 days, the reduction period in relation to that failure is to be adjusted so that the total outstanding reduction period does not exceed 546 days.

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

(5) In paragraph (3) “the total outstanding reduction period” is the total number of days for which no reduction in an award under Article 31 (higher-level sanctions) or 32 (other sanctions) of the Order has yet been applied.

Higher-level sanctions

99

(1) This regulation specifies the reduction period for a sanctionable failure under Article 31 of the Order (higher-level sanctions).

(2) Where the sanctionable failure is not a pre-claim failure, the reduction in the circumstances described in the first column of the following table is the period set out in—

(a) the second column, where the claimant is aged 18 or over on the date of the sanctionable failure;

(b) the third column, where the claimant is aged 16 or 17 on the date of the sanctionable failure.

Circumstances in which reduction period applies	Reduction period where claimant aged 18 or over	Reduction period where claimant aged 16 or 17
Where there has been no previous sanctionable failure by the claimant giving rise to a higher-level sanction	91 days	14 days
Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure	91 days	14 days
Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is—
(a) 14 days	-	28 days
(b) 28 days	-	28 days
(c) 91 days	182 days	-
(d) 182 days	182 days	-
. . .	. . .	-
Where there have been one or more previous sanctionable failures by the claimant giving rise to a higher-level sanction and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is—
(a) 14 days	-	14 days
(b) 28 days	-	28 days
(c) 91 days	91 days	-
(d) 182 days	182 days	-
. . .	. . .	-

(3) Where the other sanctionable failure referred to in paragraph (2) was a “pre-claim failure” it is disregarded in determining the reduction period in accordance with that paragraph.

(4) Where the sanctionable failure for which a reduction period is to be determined is a pre-claim failure, the period is the lesser of—

(a) the period that would be applicable to the claimant under paragraph (2) if it were not a pre-claim failure, or

(b) where the sanctionable failure relates to paid work that was due to last for a limited period, the period beginning with the day after the date of the sanctionable failure and ending with the date on which the limited period would have ended,

minus the number of days beginning with the day after the date of the sanctionable failure and ending on the day before the date of claim.

(5) In this regulation—

“higher-level sanction” means a sanction under Article 31 of the Order;

“pre-claim failure” means a failure sanctionable under Article 31(4) of the Order.

Medium-level sanction

100

(1) This regulation specifies the reduction period for a sanctionable failure under Article 32 of the Order (other sanctions) where it is a failure by the claimant to comply with—

(a) a work search requirement under Article 22(1)(a) (to take all reasonable action to obtain paid work etc.), or

(b) a work availability requirement under Article 23(1).

(2) The reduction in the circumstances described in the first column of the following table is the period set out in—

(a) the second column, where the claimant is aged 18 or over on the date of the sanctionable failure;

(b) the third column, where the claimant is aged 16 or 17 on the date of the sanctionable failure.

Circumstances in which reduction period applies	Reduction period where claimant aged 18 or over	Reduction period where claimant aged 16 or 17
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (1)	28 days	7 days
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure	28 days	7 days
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is—
(a) 7 days	-	14 days
(b) 14 days	-	14 days
(c) 28 days	91 days	-
(d) 91 days	91 days	-
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is—
(a) 7 days	-	7 days
(b) 14 days	-	14 days
(c) 28 days	28 days	-
(d) 91 days	91 days	-

Low-level sanction

101

(1) This regulation specifies the reduction period for a sanctionable failure under Article 32 of the Order (other sanctions) where—

(a) the claimant falls within Article 26 (claimants subject to work preparation requirement) or 27 (claimants subject to all work-related requirements) of the Order on the date of that failure; and

(b) it is a failure to comply with—

(i) a work-focused interview requirement under Article 20(1),

(ii) a work preparation requirement under Article 21(1),

(iii) a work search requirement under Article 22(1)(b) (to take any particular action specified by the Department to obtain paid work etc.), or

(iv) a requirement under Article 28(1), (3) or (4) (connected requirements: interviews and verification of compliance).

(2) Where the claimant is aged 18 or over on the date of the sanctionable failure, the reduction period is the total of—

(a) the number of days beginning with the date of the sanctionable failure and ending with—

(i) the day before the date on which the claimant meets a compliance condition specified by the Department,

(ii) the day before the date on which the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements),

(iii) the day before the date on which the claimant is no longer required to take a particular action specified as a work preparation requirement by the Department under Article 21, or

(iv) the date on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),

whichever is soonest, and

(b) in the circumstances described in the first column of the following table, the number of days set out in the second column.

Circumstances applicable to the claimant’s case	Number of days
Where there has been no previous sanctionable failure by the claimant that falls within paragraph (1)	7 days
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is not within 365 days beginning with the date of the current sanctionable failure	7 days
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is—
(a) 7 days	14 days
(b) 14 days	28 days
(c) 28 days	28 days
Where there have been one or more previous sanctionable failures by the claimant that fall within paragraph (1) and the date of the most recent previous sanctionable failure is within 14 days beginning with the date of the current sanctionable failure and the reduction period applicable to the most recent previous sanctionable failure is—
(a) 7 days	7 days
(b) 14 days	14 days
(c) 28 days	28 days.

(3) Where the claimant is aged 16 or 17 years on the date of the sanctionable failure, the reduction period is—

(a) the number of days beginning with the date of the sanctionable failure and ending with —

(i) the day before the date on which the claimant meets a compliance condition specified by the Department,

(ii) the day before the date on which the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements),

(iii) the day before the date on which the claimant is no longer required to take a particular action specified as a work preparation requirement by the Department under Article 21, or

(iv) the date on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),

whichever is soonest, and

(b) if there was another sanctionable failure of a kind mentioned in paragraph (1) within 365 days, but not within 14 days, beginning with the date of the current sanctionable failure, 7 days.

Lowest-level sanction

102

(1) This regulation specifies the reduction period for a sanctionable failure under Article 32 of the Order (other sanctions) where it is a failure by a claimant who falls within Article 25 of the Order (claimants subject to work-focused interview requirement only) to comply with a requirement under that Article.

(2) The reduction period is the number of days beginning with the date of the sanctionable failure and ending with—

(a) the day before the date on which the claimant meets a compliance condition specified by the Department;

(b) the day before the date on which the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements), or

(c) the day on which the award terminates (other than by reason of the claimant ceasing to be, or becoming, a member of a couple),

whichever is soonest.

When reduction to have effect

Start of the reduction

103

A reduction period determined in relation to a sanctionable failure takes effect from—

(a) the first day of the assessment period in which the Department determines that the amount of the award is to be reduced under Article 31 or 32 of the Order (higher-level or other sanctions) (but see also regulation 104(2))(reduction period to continue where award terminates)),

(b) if the amount of the award of universal credit for the assessment period referred to in paragraph (a) is not reduced in that period, the first day of the next assessment period, or

(c) if the amount of the award for the assessment period referred to in paragraph (a) or (b) is already subject to a reduction because of a previous sanctionable failure, the first day in respect of which the amount of the award is no longer subject to that reduction.

Reduction period to continue where award terminates

104

(1) If an award of universal credit terminates while there is an outstanding reduction period, the period continues to run as if a daily reduction were being applied and if the claimant becomes entitled to a new award (whether as a single or joint claimant) before that period expires, that award is subject to a reduction for the remainder of the total outstanding reduction period.

(2) If an award of universal credit terminates before the Department determines that the amount of the award is to be reduced under Article 31 or 32 of the Order (higher-level or other sanctions) in relation to a sanctionable failure and that determination is made after the claimant becomes entitled to a new award the reduction period in relation to that failure is to have effect for the purposes of paragraph (1) as if that determination had been made on the day before the previous award terminated.

Suspension of a reduction where fraud penalty applies

105

(1) A reduction in the amount of an award under Article 31 or 32 of the Order (higher-level or other sanctions) is to be suspended for any period during which the provisions of section 5B, section 6 or section 8 of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit in case of conviction, penalty or caution for benefit offence, loss of benefit for second or subsequent conviction of benefit offence and effect of offence on benefits for members of offender's family) apply to the award.

(2) The reduction ceases to have effect on the day on which that period begins and begins again on the day after that period ends.

When a reduction is to be terminated

106

(1) A reduction in the amount of an award under Article 31 or 32 of the Order (higher-level or other sanctions) is to be terminated where—

(a) since the date of the most recent sanctionable failure which gave rise to a reduction, the claimant has been in paid work for a period of, or for periods amounting in total to, at least 6 months, and

(b) the claimant's monthly earnings during that period or those periods were equal to or exceeded—

(i) the claimant's individual threshold,

(ia) where the claimant has no individual threshold, the amount that a person would be paid for 16 hours per week at the hourly rate in regulation 4 of the National Minimum Wage Regulations, converted to a monthly amount by multiplying by 52 and dividing by 12, or

(ii) if paragraph (4) of regulation 89 (threshold for an apprentice) applies, the amount applicable under that paragraph.

(2) The termination of the reduction has effect—

(a) where the date on which paragraph (1) is satisfied falls within a period of entitlement to universal credit, from the beginning of the assessment period in which that date falls, or

(b) where that date falls outside a period of entitlement to universal credit, from the beginning of the first assessment period in relation to any subsequent award.

(3) A claimant who is treated as having earned income in accordance with regulation 63 (minimum income floor) in respect of an assessment period is to be taken to have monthly earnings equal to their individual threshold in respect of any week falling within that assessment period.

Amount of reduction

Amount of reduction for each assessment period

107

(1) Where it has been determined that an award of universal credit is to be reduced under Article 31 or 32 of the Order (higher-level or other sanctions), the amount of the reduction for each assessment period in respect of which a reduction has effect is to be calculated as follows.

Step 1Take the number of days—ain the assessment period; orbif lower, in the total outstanding reduction period,and deduct any days in that assessment period for which the reduction is suspended in accordance with regulation 105 (suspension of a reduction where fraud penalty applies).

Step 2Multiply the number of days produced by step 1 by the daily reduction rate (see regulation 108).

Step 3If necessary, adjust the amount produced by step 2 so that it does not exceed—cthe amount of the standard allowance applicable to the award; ordin the case of a joint claim where a determination under Article 31 or 32 of the Order (higher-level or other sanctions) applies only in relation to one claimant, half the amount of that standard allowance.

Step 4Deduct the amount produced by steps 2 and 3 from the amount of the award for the assessment period after any deduction has been made in accordance with Part 7 (the benefit cap).

Daily reduction rate

108

(1) The daily reduction rate for the purposes of regulation 107 (amount of reduction for each assessment period) is, unless paragraph (2) or (3) applies, an amount equal to the amount of the standard allowance that is applicable to the award multiplied by 12 and divided by 365.

(2) The daily reduction rate is 40% of the rate set out in paragraph (1) if, at the end of the assessment period—

(a) the claimant is aged 16 or 17,

(b) the claimant falls within Article 24 of the Order (claimants subject to no work-related requirements) by virtue of —

(i) paragraph (2)(c) of that Article (responsible carer for a child under the age of 1), or

(ii) regulation 88(1)(c), (d) or (f) (claimant within 11 weeks before, or 15 weeks after confinement, adopter or responsible foster parent of a child under the age of 1), or

(3) The daily reduction rate is nil if, at the end of the assessment period, the claimant falls within Article 24 of the Order by virtue of having limited capability for work and work-related activity.

(4) The amount of the rate in paragraphs (1) and (2) is to be rounded down to the nearest 10 pence.

(5) In the case of joint claimants—

(a) each joint claimant is considered individually for the purpose of determining the rate applicable under paragraphs (1) to (3), and

(b) half of any applicable rate is applied to each joint claimant accordingly.

Miscellaneous

Application of ESA or JSA sanctions to universal credit

109

Schedule 11 has effect in relation to persons who are, or have been, entitled to an employment and support allowance or a jobseeker's allowance and who are, or become, entitled to universal credit.

Failures for which no reduction is applied

110

(1) No reduction is to be made under Article 31 or Article 32 of the Order (higher-level or other sanctions) for a sanctionable failure where—

(a) the sanctionable failure is listed in Article 31(2)(b) or (c) (failure to apply for a particular vacancy for paid work, or failure to take up an offer of paid work) and the vacancy is because of a strike arising from a trade dispute,

(b) the sanctionable failure is listed in Article 31(2)(d) (claimant ceases paid work or loses pay), and the following circumstances apply—

(i) the claimant's work search and work availability requirements are subject to limitations imposed under Article 22(4) and Article 23(3) in respect of work available for a certain number of hours,

(ii) the claimant takes up paid work, or is in paid work and takes up more paid work that is for a greater number of hours, and

(iii) the claimant voluntarily ceases that paid work, or more paid work, or loses pay, within a trial period,

(c) the sanctionable failure is that the claimant voluntarily ceases paid work, or loses pay, because of a strike arising from a trade dispute,

(d) the sanctionable failure is that the claimant voluntarily ceases paid work as a member of the regular or reserve forces, or loses pay in that capacity,

(e) the sanctionable failure is listed in Article 31(4) (failure to take up an offer of paid work, or to cease paid work or lose pay before making a claim), and the period of the reduction that would otherwise apply under regulation 99(4) (higher-level sanction) is the same as, or shorter than, the number of days beginning with the day after the date of the sanctionable failure and ending with the date of claim,

(f) the sanctionable failure is that the claimant voluntarily ceases paid work in one of the following circumstances—

(i) the claimant has been dismissed because of redundancy after volunteering or agreeing to be dismissed,

(ii) the claimant has ceased work on an agreed date without being dismissed in pursuance of an agreement relating to voluntary redundancy, or

(iii) the claimant has been laid-off or kept on short-time to the extent specified in Article 183 of the Employment Rights (Northern Ireland) Order 1996, and has complied with the requirements of that Article, or

(g) the sanctionable failure is that the claimant by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay, but the claimant's monthly earnings (or, if the claimant is a member of a couple, their joint monthly earnings) have not fallen below the amount specified in regulation 97(14) (circumstances in which requirements must not be imposed).

(2) In this regulation “regular or reserve forces” has the same meaning as in section 374 of the Armed Forces Act 2006 .

CHAPTER 3 — HARDSHIP

Conditions for hardship payments

111

(1) The Department must make a hardship payment to a single claimant or to joint claimants only where—

(a) the claimant in respect of whose sanctionable failure the award has been reduced under Article 31 or 32 of the Order (higher-level or other sanctions) is aged 18 or over,

(b) the single claimant or each joint claimant has met any compliance condition specified by the Department under regulation 101(2)(a)(i),

(i) approved for the purpose by the Department, or in such other form as it accepts as sufficient, and

(ii) in such manner as the Department determines,

(d) the single claimant or either joint claimant furnishes such information or evidence as the Department may require, in such manner as it determines,

(e) the single claimant or each joint claimant accepts that any hardship payments that are paid are recoverable,

(f) the Department is satisfied that the single claimant or each joint claimant has complied with all the work-related requirements that they were required to comply with in the 7 days preceding the day on which the claimant or joint claimants submitted an application in accordance with sub-paragraph (c);

(g) the Department is satisfied that the single claimant or each joint claimant is in hardship, and

(h) the daily reduction rate in regulation 108(1) applies for the purposes of the reduction in respect of the claimant under Article 31 or 32 of the Order (higher-level or other sanctions) .

(2) For the purposes of paragraph (1)(g) a single claimant or joint claimants must be considered as being in hardship only where—

(a) they cannot meet their immediate and most basic and essential needs, specified in paragraph (3), or the immediate and most basic and essential needs of a child or qualifying young person for whom the single claimant or either of the joint claimants is responsible, only because the amount of their award has been reduced—

(i) under Article 31 or 32 of the Order (higher-level or other sanctions), by the daily reduction rate set out in regulation 108(1), or

(ii) by the daily reduction rate prescribed in regulations made under section 5B(5A), 6(2A) or 8(2A) of the Social Security Fraud Act (Northern Ireland) 2001(loss of benefit in case of conviction, penalty or caution for benefit offence, loss of benefit for commission of benefit offence and effect of offence on benefits for members of offender's family) which is equivalent to the rate referred to in paragraph (i),

(b) they have made every effort to access alternative sources of support to meet, or partially meet, such needs, and

(3) The needs referred to in paragraph (2) are—

(a) accommodation;

(b) heating;

(d) hygiene.

The period of hardship payments

112

(1) A hardship payment is to be made in respect of a period which—

(a) begins with the date on which all the conditions in regulation 111(1) are met; and

(b) unless paragraph (2) applies, ends with the day before the normal payment date for the assessment period in which those conditions are met.

(2) If the period calculated in accordance with paragraph (1) would be 7 days or less, it does not end on the date referred to in paragraph (1)(b) but instead ends on the normal payment date for the following assessment period or, if earlier, the last day on which the award is to be reduced under Article 31 or 32 of the Order (higher-level or other sanctions) or under section 5B(5A), 6(2A) or 8(2A) of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit in case of conviction, penalty or caution for benefit offence, loss of benefit for commission of benefit offence and effect of offence on benefits for members of offender's family).

(3) In this regulation “the normal payment date” for an assessment period is the date on which the Department would normally expect to make a regular payment of universal credit in respect of an assessment period in a case where payments of universal credit are made monthly in arrears.

The amount of hardship payments

113

The amount of a hardship payment for each day in respect of which such a payment is to be made is to be determined in accordance with the formula—

Recoverability of hardship payments

114

(1) Subject to paragraphs (2) and (3), hardship payments are recoverable in accordance with section 69ZH of the Social Security Administration (Northern Ireland) Act 1992 (recovery of hardship payments etc.) .

(2) Paragraph (1) does not apply in relation to any assessment period in which—

(a) the single claimant, or each joint claimant, falls within Article 24 of the Order by virtue of regulation 89 (claimants subject to no work-related requirements – the earnings threshold);

(b) where regulation 89 applies to one of the joint claimants only, the joint claimants’ combined monthly earnings are equal to or exceed the amount of the individual threshold; or

(c) where regulation 89 does not apply to the single claimant or to either of the joint claimants, that claimant or joint claimants’ combined monthly earnings are equal to or exceed the amount that a person of the same age as the claimant, or the youngest of the joint claimants, would be paid at the hourly rate specified in regulation 4 or regulation 4A(1)(a) to (c) of the National Minimum Wage Regulations for 16 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12.

(3) Paragraph (1) ceases to apply where, since the last day on which the claimant’s or the joint claimants’ award was subject to a reduction under Article 31 or 32 of the Order—

(a) the single claimant, or each joint claimant, has fallen within Article 24 of the Order by virtue of regulation 89 (claimants subject to no work-related requirements – the earnings threshold);

(b) where regulation 89 applied to one of the joint claimants only, the joint claimants’ have had combined monthly earnings that are equal to or exceed the amount of the individual threshold; or

(c) where regulation 89 did not apply to the single claimant or to either of the joint claimants, that claimant or the joint claimants’ have had combined monthly earnings that are equal to or exceed the amount that a person of the same age as the claimant, or the youngest of the joint claimants, would be paid at the hourly rate specified in regulation 4 or regulation 4A(1)(a) to (c) of the National Minimum Wage Regulations for 16 hours per week, converted to a monthly amount by multiplying by 52 and dividing by 12,

for a period of, or more than one period where the total of those periods amounts to, at least 6 months.

SCHEDULE 1 — Meaning of payments in respect of accommodation

General

Interpretation

1

In this Schedule—

“approved premises” means hostels which receive grants for housing support services under Article 4 of the Housing Support Services (Northern Ireland) Order 2002 in respect of offenders, with bed spaces allocated for criminal justice referrals;

“care home” means a residential care home as defined in Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 , or a nursing home as defined in Article 11 of that Order and includes an independent hospital;

“equity sharing lease” has the meaning given in regulation 27(6) (amount of the housing costs element – renters and owner-occupiers);

“exempt accommodation” has the meaning given in paragraph 4(9) of Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 ;

“housing association” has the meaning given by Article 3 of the Housing (Northern Ireland) Order 1992 ;

“the Housing Executive” means the Northern Ireland Housing Executive;

“independent hospital” has the meaning as defined in Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

“registered charity” means a charity entered in the register of charities maintained under Part 4 of the Charities Act (Northern Ireland) 2008 ;

“tent” means a moveable structure that is designed or adapted (solely or mainly) for the purpose of sleeping in a place for any period and that is not a caravan, a mobile home or a houseboat;

“voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association.

Rent payments

Rent Payments

2

“Rent payments” are such of the following as are not excluded by paragraph 3—

(a) payments of rent;

(b) payments for a licence or other permission to occupy accommodation;

(d) in relation to accommodation which is a caravan or mobile home, payments in respect of the site on which the accommodation stands.

Payments excluded from being rent payments

3

The following are excluded from being “rent payments”—

(a) payments of ground rent;

(b) payments in respect of a tent or the site on which a tent stands;

(d) payments in respect of a care home;

(e) payments in respect of accommodation specified in paragraph 4;

(ea) payments in respect of accommodation specified in paragraph 4A;

(f) payments which, are owner-occupier payments within the meaning of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017;

(g) payments which, are service charge payments within the meaning of paragraph 8.

Specified accommodation

4

(1) The accommodation referred to in paragraph 3(e) is accommodation to which one or more of the following sub-paragraphs applies.

(2) This sub-paragraph applies to accommodation which is exempt accommodation.

(3) This sub-paragraph applies to accommodation—

(a) which is provided by a relevant body,

(b) into which the claimant has been admitted in order to meet a need for care, support or supervision, and

(4) This sub-paragraph applies to accommodation which—

(a) is provided by the Housing Executive or a relevant body to the claimant because the claimant has left the home as a result of domestic violence, and

(b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

(5) This sub-paragraph applies to accommodation—

(a) which would be a hostel within the meaning of paragraph 28(6) (renters excepted from shared accommodation) of Schedule 4 (housing costs element for renters) but for it being owned or managed by the Housing Executive, and

(b) where the claimant receives care, support or supervision.

(6) In this paragraph—

“domestic violence” has the meaning given in regulation 96 (victims of domestic violence);

“relevant body” means a—housing association,registered charity, orvoluntary organisation.

Owner-occupier payments

5

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

Meaning of “loan interest payments”

6

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

Meaning of “alternative finance payments”

7

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

Service charge payments

8

(1) “Service charge payments” are payments which—

(a) fall within sub-paragraph (2),

(b) are not excluded by sub-paragraph (3), and

(2) The payments falling within this sub-paragraph are payments of amounts which are, in whole or in part—

(a) payments of, or towards, the costs of or charges for providing services or facilities for the use or benefit of persons occupying accommodation, or

(b) fairly attributable to the costs of or charges for providing such services or facilities connected with the accommodation as are available for the use or benefit of persons occupying accommodation.

(3) Payments are excluded by this sub-paragraph where—

(a) a qualifying loan within the meaning of regulation 2 of the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 was taken out for the purposes of making the payments, or

(b) the services or facilities to which the payments relate are provided for the use or benefit of any person occupying—

(i) a tent,

(ii) approved premises,

(iii) a care home, or

(iv) exempt accommodation.

(4) It is irrelevant for the purposes of sub-paragraph (2)—

(a) whether or not the payments are separately identified as relating to the costs or charges referred to in sub-paragraph (2);

(b) whether they are made in addition to or as part of any other payment (including a payment that would otherwise be regarded as a rent payment within the meaning of paragraph 2);

9

(1) This paragraph applies for the purposes of calculating the amount of the housing costs element to be included in a claimant's award of universal credit but only as regards calculations made under—

(a) Part 5 of Schedule 4 (social rented sector...); or

(b) Schedule 5 (housing costs element for owner-occupiers).

(2) The following are the conditions referred to in paragraph 8(1)(c).

(3) The first condition is that making the payments is a condition on which the right to occupy the accommodation depends.

(4) The second condition is that the payments fall within one or more of the following categories:

Category A - Payments to maintain the general standard of the accommodationPayments within this category are for—athe external cleaning of windows, but only in relation to upper floors of a multi-storey building;bother internal or external maintenance or repair of the accommodation, but only where the payments are separately identifiable as relating to such maintenance or repair, and payable by—ia claimant who occupies accommodation under an equity sharing lease, oriia claimant in whose case any amount of housing costs element to be included in their award in respect of those payments would fall to be calculated under Schedule 5.

Category B - Payments for the general upkeep of areas of communal usePayments within this category are for ongoing maintenance or cleaning of, and the supply of water, fuel or any other commodity relating to the common use of, internal or external areas, including areas for reasonable facilities (such as laundry rooms or children's play areas).

Category C - Payments in respect of basic communal servicesPayments within this category are for provision, ongoing maintenance, cleaning or repair in connection with basic services generally available to all persons living in the accommodation (such as refuse collection, communal lifts, secure building access or wireless or television aerials to receive a service free of charge).

Category D – Accommodation-specific chargesPayments within this category are specific to the particular accommodation occupied by a claimant but are limited to payments for the use of essential items contained in it (such as furniture or domestic appliances).5The third condition is that the costs and charges to which the payments relate are of a reasonable amount and relate to services or facilities of such description as it is reasonable to provide.6The fourth condition is that the payments are none of the following—apayments to the extent that they relate to the costs of or charges for providing services or facilities in respect of which payments out of public funds might otherwise be made (irrespective of whether the claimant has any entitlement to payments so made);bpayments in connection with the use of an asset which result in the transfer of the asset or any interest in it;cpayments to the extent that they relate to the costs of or charges for providing food, medical services or personal services (including personal care) of any description.7Payments that are not service charge payments within the meaning of paragraph 8 by reason only that they fail to meet any of the conditions set out in sub-paragraphs (3) to (6) are nevertheless to be treated as if they were such service charge payments for the purposes of paragraphs 3(g) and 5(2).

SCHEDULE 2 — Claimant treated as liable or not liable to make payments

PART I — Treated as liable to make payments

Certain other persons liable to make payments

1

(1) A claimant is to be treated as liable to make payments where the person who is liable to make the payments is—

(a) any child or qualifying young person for whom the claimant (or if the claimant is a member of a couple, either member) is responsible, or

(b) in the case of a claimant who is a member of a couple claiming as a single person, the other member of the couple.

(2) Sub-paragraph (1)(b) does not apply to a person who is claiming as a single person by virtue of regulation 3(3) (polygamous marriages).

Failure to pay by the person who is liable

2

(1) A claimant is to be treated as liable to make payments where all the conditions specified in sub-paragraph (2) are met.

(2) These are the conditions—

(a) the person who is liable to make the payments is not doing so;

(b) the claimant has to make the payments in order to continue occupation of the accommodation;

(d) it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments.

(3) In determining what is reasonable for the purposes of sub-paragraph (2)(d) in the case of owner-occupier payments, regard may be had to the fact that continuing to make the payments may benefit the person with the liability to make the payments.

Payments waived in return for repair work

3

A claimant is to be treated as liable to make payments where—

(a) the liability to make payments is waived by the person (“P”) to whom the liability is owed, and

(b) the waiver of that liability is by way of reasonable compensation for reasonable repair or re-decoration works carried out by the claimant to the accommodation which P would otherwise have carried out or been required to carry out.

Rent free periods

4

(1) Where the arrangements under which the claimant occupies the accommodation provide for rent free periods, the claimant is to be treated as liable to make rent payments and service charge payments in respect of accommodation for the whole of any rent free period.

(2) In sub-paragraph (1) “rent free period” has the meaning given in paragraph 6(5) of Schedule 4.

PART 2 — Treated as not liable to make payments

Liability to make rent and other payments to close relative

5

(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a person who lives in the accommodation and who is—

(a) if the claimant is a member of a couple, the other member, or

(b) a child or qualifying young person for whom—

(i) the claimant is responsible, or

(ii) if the claimant is a member of a couple, the other member is responsible, or

(i) the claimant, or

(ii) if the claimant is a member of a couple, the other member, or

(iii) any child or qualifying young person who falls within paragraph (b).

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to any person is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to the same person.

Liability to make rent and other payments to company

6

(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a company and the owners or directors of the company include—

(a) the claimant,

(b) if the claimant is a member of a couple, the other member,

(d) a close relative of any of the above who lives in the accommodation with the claimant.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to the company is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to—

(a) the same company; or

(b) another company of which the owners or directors include any of the persons listed in sub-paragraph (1)(a) to (d).

(3) In this paragraph, “owner”, in relation to a company (“C”), means a person (“A”) who has a material interest in C.

(4) For the purposes of sub-paragraph (3), A has a material interest in C if A—

(a) holds at least 10% of the shares in C, or

(b) is able to exercise a significant influence over the management of C by virtue of A's shareholding in C, or

(d) is able to exercise a significant influence over the management of P by virtue of A's shareholding in P, or

(e) is entitled to exercise, or control the exercise of, voting power in C which, if it consists of voting rights, constitutes at least 10% of the voting rights in C, or

(f) is able to exercise a significant influence over the management of C by virtue of A's entitlement to exercise, or control the exercise of, voting rights in C, or

(g) is entitled to exercise, or control the exercise of, voting power in P which, if it consists of voting rights, constitutes at least 10% of the voting rights in P, or

(h) is able to exercise a significant influence over the management of P by virtue of A's entitlement to exercise, or control the exercise of, voting rights in P.

(5) For the purposes of sub-paragraph (4), references to “A” are to—

(a) the person, or

(b) any of the person's associates, or

(6) For the purposes of sub-paragraph (5), “associate”, in relation to a person (“A”) holding shares in an undertaking (“X”) or entitled to exercise or control the exercise of voting power in relation to another undertaking (“Y”), means—

(a) the spouse or civil partner of A;

(b) a child or stepchild of A (if under 18);

(d) an undertaking of which A is a director;

(e) a person who is an employee or partner of A;

(f) if A has with any other person an agreement or arrangement with respect to the acquisition, holding or disposal of shares or other interests in X or Y, that other person;

(g) if A has with any other person an agreement or arrangement under which they undertake to act together in exercising their voting power in relation to X or Y, that other person.

(7) In sub-paragraph (6)(c), “settlement” means any disposition or arrangement under which property is held on trust (or subject to comparable obligations).

(8) For the purposes of this paragraph—

“parent undertaking” has the same meaning as in the Financial Services and Markets Act 2000 (see section 420 of that Act);

“shares” means—in relation to an undertaking with shares, allotted shares (within the meaning of Part 17 of the Companies Act 2006 );in relation to an undertaking with capital but no share capital, rights to share in the capital of the body;in relation to an undertaking without capital, interests—conferring any right to share in the profits, or liability to contribute to the losses, of the body, orgiving rise to an obligation to contribute to the debts or expenses of the undertaking in the event of a winding up;

“voting power”, in relation to an undertaking which does not have general meetings at which matters are decided by the exercise of voting rights, means the rights under the constitution of the undertaking to direct the overall policy of the undertaking or alter the terms of its constitution.

Liability to make rent and other payments to a trust

7

(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a trustee of a trust and the trustees or beneficiaries of the trust include—

(a) the claimant,

(b) if the claimant is a member of a couple, the other member,

(d) a close relative of any of the above who lives in the accommodation with the claimant.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to the trustee of a trust is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to—

(a) a trustee of the same trust, or

(b) a trustee of another trust of which the trustees or beneficiaries include any of the persons listed in sub-paragraph (1)(a) to (d).

Liability to make owner-occupier and other payments to member of same household

8

(1) A claimant is to be treated as not liable to make owner-occupier payments where the liability to make the payments is owed to a person who lives in the claimant's household.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make owner-occupier payments to any person is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to the same person.

(3) A claimant is to be treated as not liable to make service charge payments where—

(a) there is no liability to make rent payments or owner-occupier payments, but

(b) the liability to make service charge payments is to a person who lives in the claimant's household.

Arrears of payments

9

(1) A claimant is to be treated as not liable to make payments in respect of any amount which—

(a) represents an increase in the sum that would be otherwise payable, and

(b) is the result of—

(i) outstanding arrears of any payment or charge in respect of the accommodation,

(ii) outstanding arrears of any payment or charge in respect of other accommodation, previously occupied by the claimant, or

(iii) any other unpaid liability to make a payment or charge.

(2) Sub-paragraph (1) does not apply if the claimant is treated as not liable to make the payments under any of the preceding provisions of this Part of this Schedule.

Contrived liability

10

(1) A claimant is to be treated as not liable to make payments where the Department is satisfied that the liability to make the payments was contrived in order to secure the inclusion of the housing costs element in an award of universal credit or to increase the amount of that element.

(2) Sub-paragraph (1) does not apply if the claimant is treated as not liable to make the payments under any of the preceding provisions of this Part of this Schedule.

SCHEDULE 3 — Claimant treated as occupying or not occupying accommodation

PART 1 — Treated as occupying accommodation

The occupation condition: the general rule

1

(1) The general rule is that a claimant is to be treated as occupying as their home the accommodation which the claimant normally occupies as their home.

(2) Subject to the following provisions of this Part, no claimant is to be treated as occupying accommodation which comprises more than one dwelling.

(3) Where none of those provisions applies and the claimant occupies more than one dwelling, regard is to be had to all the circumstances in determining which dwelling the claimant normally occupies as their home, including (among other things) any persons with whom the claimant occupies each dwelling.

(4) In this paragraph—

Claimant living in other accommodation during essential repairs

2

(1) Where a claimant—

(a) is required to move into accommodation (“the other accommodation”) on account of essential repairs being carried out to the accommodation the claimant normally occupies as their home,

(b) intends to return to the accommodation which is under repair, and

(c) meets the payment condition and the liability condition in respect of either the other accommodation or the accommodation which they normally occupy as their home (but not both),

the claimant is to be treated as normally occupying as their home the accommodation in respect of which those conditions are met.

(2) A claimant is subject to the general rule in paragraph 1 where—

(a) sub-paragraph (1)(a) and (b) apply to the claimant; but

(b) the claimant meets the payment condition and the liability condition in respect of both the other accommodation and the accommodation which they normally occupy as their home.

3

(1) In sub-paragraph (2), “relevant claimant” means a claimant who meets all of the following conditions—

(a) the first condition is that the claimant has been housed in two dwellings (“accommodation A” and “accommodation B”) by a provider of social housing on account of the number of children and qualifying young persons living with the claimant;

(b) the second condition is that the claimant normally occupies both accommodation A and accommodation B with children or qualifying young persons for whom the claimant is responsible;

(c) the third condition is that the claimant meets the payment condition and the liability condition in respect of both accommodation A and accommodation B (and for these purposes it is irrelevant whether the claimant's liability is to the same or a different person).

(2) In the case of a relevant claimant, both accommodation A and accommodation B are to be treated as the single accommodation which the relevant claimant normally occupies as their home.

(3) In sub-paragraph (1), “provider of social housing” has the meaning given in paragraph 2 of Schedule 4.

Moving home: adaptations to new home for disabled person

4

(1) Sub-paragraph (2) applies where—

(a) the claimant has moved into accommodation (“the new accommodation”) and, immediately before the move, met the payment condition and liability condition in respect of the new accommodation, and

(b) there was a delay in moving in that it was necessary to enable the new accommodation to be adapted to meet the disablement needs of a person specified in sub-paragraph (3).

(2) The claimant is to be treated as occupying both the new accommodation and the accommodation from which the move was made (“the old accommodation”) if—

(a) immediately before the move, the claimant was entitled to the inclusion of the housing costs element in an award of universal credit in respect of the old accommodation, and

(b) the delay in moving into the new accommodation was reasonable.

(3) A person is specified in this sub-paragraph if the person is—

(a) a claimant or any child or qualifying young person for whom a claimant is responsible, and

(b) in receipt of—

(i) the care component of disability living allowance at the middle or highest rate,

(ia) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;

(ib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025,

(ii) attendance allowance, ...

(iia) pension age disability payment,

(iii) the daily living component of personal independence payment.

(iv) the daily living component of adult disability payment at the standard or enhanced rate

(4) No claimant may be treated as occupying both the old accommodation and the new accommodation under this paragraph for more than one month.

Claimant living in other accommodation because of reasonable fear of violence

5

(1) This paragraph applies where—

(a) a claimant is occupying accommodation (“the other accommodation”) other than the accommodation which they normally occupy as their home (“the home accommodation”), and

(b) it is unreasonable to expect the claimant to return to the home accommodation on account of the claimant's reasonable fear of violence in the home, or by a former partner, against the claimant or any child or qualifying young person for whom the claimant is responsible, but

(2) The claimant is to be treated as normally occupying both the home accommodation and the other accommodation as their home if—

(a) the claimant meets the payment condition and the liability condition in respect of both the home accommodation and other accommodation, and

(b) it is reasonable to include an amount in the housing costs element for the payments in respect of both the home accommodation and the other accommodation.

(3) Where the claimant meets the payment condition and the liability condition in respect of one accommodation only, the claimant is to be treated as normally occupying that accommodation as their home but only if it is reasonable to include an amount in the housing costs element for the payments in respect of that accommodation.

(4) No claimant may be treated as occupying both the home accommodation and the other accommodation under sub-paragraph (2) for more than 12 months.

Moving in delayed by adaptations to accommodation to meet disablement needs

6

(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a) the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of the accommodation,

(b) there was a delay in moving in that was necessary to enable the accommodation to be adapted to meet the disablement needs of a relevant person, and

(2) “Relevant person” means a person specified in paragraph 4(3).

(3) No claimant may be treated as occupying accommodation under this paragraph for more than one month.

Moving into accommodation following stay in hospital or care home

7

(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a) the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of that accommodation, and

(b) the liability to make the payments arose while the claimant was a patient or accommodated in a care home (or, in the case of a joint claim, while both joint claimants were patients or were accommodated in a care home).

(2) No claimant may be treated as occupying the accommodation under this paragraph for more than one month.

(3) In this paragraph—

“care home” has the meaning given in paragraph 1 of Schedule 1;

“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution.

PART 2 — Treated as not occupying accommodation

Periods of temporary absence exceeding 6 months

8

(1) Subject to sub-paragraphs (2) and (3), a claimant is to be treated as no longer occupying accommodation from which they are temporarily absent where the absence exceeds, or is expected to exceed, 6 months.

(2) Sub-paragraph (1) does not apply to a claimant who falls within paragraph 2.

(3) Where, a claimant who falls within paragraph 5 is temporarily absent from the accommodation which they normally occupy as their home, the claimant is to be treated as no longer occupying that accommodation where the absence exceeds, or is expected to exceed, 12 months.

SCHEDULE 4 — Housing costs element for renters

PART I — General

Definition of renter

1

(1) This Schedule contains provisions about claimants to whom regulation 27(2) applies.

(2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “renters” (and references to “joint renters” are to joint claimants to whom regulation 27(2) applies).

Interpretation

2

In this Schedule—

“domestic violence” has the meaning given by regulation 96(5);

“exempt accommodation” has the meaning given in paragraph 1 of Schedule 1;

“extended benefit unit” has the meaning given in paragraph 8;

“housing cost contribution” has the meaning given in paragraph 12;

“the Housing Executive” means the Northern Ireland Housing Executive;

“joint renter” has the meaning given in paragraph 1(2);

“listed persons”, in relation to a renter, means—the renter,where the renter is a member of a couple, the other member of the couple, andany child or qualifying young person for whom the renter (or either joint renter) is responsible;

“member of the armed forces” means a member of the regular forces or the reserve forces within the meaning of section 374 of the Armed Forces Act 2006 ;

“non-dependant” has the meaning given in paragraph 8(2);

“provider of social housing” means—the Housing Executive; ora registered housing association;

“the UC Housing Costs Regulations” means the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 ;

“registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 ;

“relative” has the meaning given by Article 2(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998;

“relevant payments” has the meaning given in paragraph 3;

“renter” means a single renter within the meaning of paragraph 1(2) or each of joint renters;

“renter who requires overnight care” is to be understood in accordance with paragraph 11(3) to (5);

“shared accommodation” has the meaning given in paragraph 26.

“Relevant payments” for purposes of this Schedule

3

(1) “Relevant payments” means one or more payments of any of the following descriptions—

(a) rent payments, and

(b) service charge payments.

(2) “Rent payments” in relation to any calculation under Part 4 or 5 of this Schedule, has the meaning given in paragraph 2 of Schedule 1.

(3) “Service charge payments”—

(a) for the purposes of calculations under Part 4 of this Schedule, has the meaning given in paragraph 8 of Schedule 1, and

(b) for the purposes of calculations under Part 5 of this Schedule, is to be understood in accordance with paragraphs 8 and 9 of Schedule 1.

PART 2 — Exception to inclusion of housing costs element

No housing costs element for 16 or 17 year old care leavers

4

Article 16 (1) of the Order (housing costs) does not apply to any renter who is 16 or 17 years old and is a care leaver.

PART 3 — General provisions about calculation of amount of housing costs element for renters

Relevant payments to be taken into account

5

(1) Where a renter meets the payment condition, liability condition and occupation condition in respect of one or more descriptions of relevant payment, each such description is to be taken into account for the purposes of the calculation under Part 4 or 5 of this Schedule.

(2) No account is to be taken of any amount of a relevant payment to the extent that all of the conditions referred to in sub-paragraph (1) are not met in respect of that amount.

(3) Any particular payment for which a renter is liable is not to be brought into account more than once whether in relation to the same or a different renter (but this does not prevent different payments of the same description being brought into account in respect of an assessment period).

Relevant payments calculated monthly

6

(1) Where any relevant payment is to be taken into account under paragraph 5, the amount of that payment is to be calculated as a monthly amount.

(2) Where the period in respect of which a renter is liable to make a relevant payment is not a month, an amount is to be calculated as the monthly equivalent, so for example—

(a) weekly payments are multiplied by 52 and divided by 12,

(b) two-weekly payments are multiplied by 26 and divided by 12,

(d) three-monthly payments are multiplied by 4 and divided by 12, and

(e) annual payments are divided by 12.

(3) Where a renter is liable for relevant payments under arrangements that provide for one or more rent free periods, subject to paragraph (4) the monthly equivalent is to be calculated over 12 months by reference to the total number of relevant payments which the renter is liable to make in that 12 month period.

(4) Where sub-paragraph (3) applies and the relevant payments in question are-

(a) weekly payments, the total number of weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

$52 − R F P ;$

(b) two-weekly payments, the total number of two-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

$26 − R F P ;$

(c) four-weekly payments, the total of four-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

$13 − R F P$

Where “RFP” is the number of rent free periods in the 12 month period in question.

(5) “Rent free period” means any period in respect of which the renter has no liability to make one or more of the relevant payments which are to be taken into account under paragraph 5.

Room allocation

Size criteria applicable to the extended benefit unit of all renters

7

(1) In calculating the amount of the renter's housing costs element under Part 4 or 5 of this Schedule, a determination is to be made in accordance with the provisions referred to in sub-paragraph (2) as to the category of accommodation which it is reasonable for the renter to occupy, having regard to the number of persons who are members of the renter's extended benefit unit (see paragraph 8).

(2) The provisions referred to in this sub-paragraph are the following provisions of this Schedule—

(a) in respect of a calculation under Part 4, paragraphs 8 to 11 and 25 to 28;

(b) in respect of a calculation under Part 5, paragraphs 8 to 11.

Extended benefit unit of a renter for purposes of this Schedule

8

(1) For the purposes of this Schedule, the members of a renter's extended benefit unit are—

(a) the renter (or joint renters),

(b) any child or qualifying young person for whom the renter or either joint renter is responsible, and

(2) A person is a non-dependant if the person normally lives in the accommodation with the renter (or joint renters) and is none of the following—

(a) a person within sub-paragraph (1)(a) or (b);

(b) where the renter is a member of a couple claiming as a single person, the other member of the couple;

(d) a person who is liable to make payments on a commercial basis in respect of the person's occupation of the accommodation (whether to the renter, joint renters or another person);

(e) a person to whom the liability to make relevant payments is owed or a member of their household;

(f) a person who has already been treated as a non-dependant in relation to a claim for universal credit by another person liable to make relevant payments in respect of the accommodation occupied by the renter;

(g) a child or qualifying young person for whom no-one in the renter's extended benefit unit is responsible.

(3) “Foster child” means a child in relation to whom the renter (or either joint renter) is a foster parent.

Number of bedrooms to which a renter is entitled

9

(1) A renter is entitled to one bedroom for each of the following categories of persons in their extended benefit unit—

(a) the renter (or joint renters);

(b) a qualifying young person for whom the renter or either joint renter is responsible;

(d) two children who are under 10 years old;

(e) two children of the same sex;

(f) any other child.

(2) A member of the extended benefit unit to whom two or more of the descriptions in sub-paragraph (1) apply is to be allotted to whichever description results in the renter being entitled to the fewest bedrooms.

(3) In determining the number of bedrooms to which a renter is entitled, the following must also be taken into account—

(a) the provisions of paragraph 10 as to treatment of periods of temporary absence of members of the renter's extended benefit unit;

(b) any entitlement to an additional bedroom in accordance with paragraph 11;

Temporary absence of member of renter's extended benefit unit

10

(1) A member of the renter's extended benefit unit who is temporarily absent from the accommodation occupied by the renter is to be included in a determination of the number of bedrooms to which the renter is entitled (“relevant determination”) in the circumstances specified in sub-paragraphs (2) to (4).

(2) In the case of a child or qualifying young person the circumstances specified in this sub-paragraph are that the relevant determination relates to any time—

(a) during the first 6 months of the absence of a child or qualifying young person for whom the renter is treated as not being responsible in accordance with regulation 4(6)(a) (child or qualifying young person looked after by an authority) where, immediately before the authority started looking after them, the child or qualifying young person was included in the renter's extended benefit unit and the renter's award included the housing costs element,

(b) during the first 6 months of the absence of a child or qualifying young person for whom the renter is treated as not being responsible in accordance with regulation 4(6)(b) (child or qualifying young person is a prisoner) where—

(i) immediately before becoming a prisoner, the child or qualifying young person was included in the renter's extended benefit unit and the renter's award included the housing costs element, and

(ii) the child or qualifying young person has not been sentenced to a term in custody that is expected to extend beyond that 6 months, or

(c) before the renter or joint renter ceases to be responsible for a temporarily absent child or qualifying young person in accordance with regulation 4(7) (absence exceeding specified duration).

(3) In the case of a renter, the circumstances specified in this sub-paragraph are that the relevant determination relates to any time when—

(a) the temporary absence from Northern Ireland of the renter is disregarded in accordance with regulation 11(1) or (2) (temporary absence from Northern Ireland), or

(b) the renter is a prisoner to whom regulation 19(2) (existing award includes housing costs when person becomes a prisoner) applies.

(4) In the case of a non-dependant, the circumstances specified in this sub-paragraph are that—

(a) the relevant determination relates to any time during a period specified in sub-paragraph (5),

(b) immediately before the start of that period, the non-dependant was included in the renter's extended benefit unit and, in the circumstances specified in sub-paragraph (5)(a) to (c), the renter's award included the housing costs element.

(5) The specified periods are—

(a) the first month of the non-dependant's temporary absence from Northern Ireland and, if the circumstances of the non-dependant are such as would be disregarded for the purposes of regulation 11(2) (death of a close relative), a further one month;

(b) the first 6 months of the non-dependant's temporary absence from Northern Ireland in the circumstances described in regulation 11(3)(a) (absence solely in connection with treatment for illness or physical or mental impairment);

(c) the first 6 months that the non-dependant is a prisoner where the non-dependant has not been sentenced to a term in custody that is expected to extend beyond that 6 months;

(d) any period during which a non-dependant who is the son, daughter, step-son or step-daughter of a renter or joint renters is a member of the armed forces away on operations.

(6) Any non-dependant who is temporarily absent from the accommodation occupied by the renter in circumstances other than those specified in sub-paragraphs (4) and (5) is not to be treated as being a member of the renter's extended benefit unit if that absence exceeds, or is expected to exceed, 6 months.

Additional room

11

(A1) A renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3))—

(a) the renter;

(b) a person in the renter’s extended benefit unit;

(1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the foster parent condition ...; ...

(d) the disabled person condition (see sub-paragraph (6A)).

(2) Sub-paragraphs (A1) and (1) apply subject to sub-paragraphs (8) and (9).

(3) A person satisfies the overnight care condition if—

(a) they are in receipt of—

(i) the care component of disability living allowance at the middle or highest rate;

(ia) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;

(ib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

(ii) attendance allowance; ...

(iia) pension age disability payment;

(iii) the daily living component of personal independence payment;

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The Universal Credit Regulations (Northern Ireland) 2016

Circumstances in which requirements must not be imposed

97

CHAPTER 2 — SANCTIONS

Reduction periods

General principles for calculating reduction periods

98

Higher-level sanctions

99

Medium-level sanction

100

Low-level sanction

101

Lowest-level sanction

102

When reduction to have effect

Start of the reduction

103

Reduction period to continue where award terminates

104

Suspension of a reduction where fraud penalty applies

105

When a reduction is to be terminated

106

Amount of reduction

Amount of reduction for each assessment period

107

Daily reduction rate

108

Miscellaneous

Application of ESA or JSA sanctions to universal credit

109

Failures for which no reduction is applied

110

CHAPTER 3 — HARDSHIP

Conditions for hardship payments

111

The period of hardship payments

112

The amount of hardship payments

113

Recoverability of hardship payments

114

SCHEDULE 1 — Meaning of payments in respect of accommodation

General

Interpretation

1

Rent payments

Rent Payments

2

Payments excluded from being rent payments

3

Specified accommodation

4

Owner-occupier payments

Owner-occupier payments

5

Meaning of “loan interest payments”

6

Meaning of “alternative finance payments”

7

Service charge payments

Service charge payments

8

Additional conditions: social rented sector renters and owner-occupiers

9

SCHEDULE 2 — Claimant treated as liable or not liable to make payments

PART I — Treated as liable to make payments

Certain other persons liable to make payments

1

Failure to pay by the person who is liable

2

Payments waived in return for repair work

3

Rent free periods

4

PART 2 — Treated as not liable to make payments

Liability to make rent and other payments to close relative

5

Liability to make rent and other payments to company