The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

• (a) where notice is given or sent that the sum contained in the notice is ready for collection, on the date of the notice or, if more than one such notice is given or sent, the date of the first such notice;

• (b) in relation to any such sum which the Department has arranged to be paid by means of direct credit transfer in accordance with regulation 41 into a bank or other account, on the due date for payment of the sum or in the case of universal credit on the date of payment of the sum; or

• (c) in relation to any such sum to which neither sub-paragraph (a) or (b) applies, on such date as the Department determines.

• (3) The giving or sending of a notice under paragraph (2)(a) is effective for the purposes of that paragraph, even where the sum contained in that notice is more or less than the sum which the person concerned has the right to receive.

• (4) Where a question arises whether the right to payment of any sum by way of benefit has been extinguished by the operation of this regulation and the Department is satisfied that—

• (a) the Department first received written notice requesting payment of that sum after the expiration of 12 months from the date on which the right is treated as having arisen;

• (b) from a day within that period of 12 months and continuing until the day the written notice was given, there was good cause for not giving the notice; and

• (c) no payment has been made under the provisions of regulation 41,

the period of 12 months is extended to the date on which the Department decides that question, and this regulation is to apply accordingly as though the right to payment had arisen on that date.

• (5) This regulation applies to a person appointed under regulation 52(1) to act on behalf of a claimant or a person referred to in regulation 52(2) as it applies to a claimant.

Payments on death

51

• (1) On the death of a person who has made a claim for benefit, the Department may appoint such person as it thinks fit to proceed with the claim and any related issue of revision, supersession or appeal under the Social Security (Northern Ireland) Order 1998 .

• (2) Subject to paragraphs (6) and (7), any sum payable by way of benefit which is payable under an award on a claim proceeded with under paragraph (1) may be paid or distributed by the Department to or amongst persons over the age of 16 claiming as personal representatives, legatees, next of kin or creditors of the deceased and the provisions of regulation 50 are to apply to any such payment or distribution.

• (3) Subject to paragraphs (2), (6) and (7), any sum payable by way of benefit to the deceased, payment of which the deceased had not obtained at the date of the deceased's death, may, unless the right to payment was already extinguished at that date, be paid or distributed to or amongst any persons mentioned in paragraph (2), and regulation 50 is to apply to any such payment or distribution, except that, for the purpose of that regulation, the period of 12 months is to be calculated from the date on which the right to payment of any sum is treated as having arisen in relation to any such person and not from the date on which that right is treated as having arisen in relation to the deceased.

• (4) A direct credit transfer under regulation 41 into an account in the name of any person mentioned in paragraph (2), or the receipt by such a person of a payment made by some other means, is sufficient discharge for the Department for any sum so paid.

• (5) Where the Department is satisfied that any sum payable by way of benefit under paragraph (2) or (3), or part of it, is needed for the well-being of any person under the age of 16, the Department may obtain sufficient discharge for it by paying the sum, or part of it, to a person over that age who satisfies the Department that that person will apply the sum so paid for the well-being of the person under the age of 16.

• (6) Paragraphs (2) and (3) are not to apply in any case unless written application for the payment of any such sum is made to the Department within 12 months from the date of the deceased's death or within such longer period as it may allow in any case.

• (7) The Department may dispense with strict proof of the title of any person claiming in accordance with the provisions of this regulation.

• (8) In paragraph (2) “next of kin” means the persons who would take beneficially on an intestacy.

PART 5 — Third Parties

Persons unable to act

52

• (1) Where a person (“P1”) is, or may be, entitled to benefit (whether or not a claim for benefit has been made by P1 or on P1's behalf) but P1 is unable for the time being to act, the Department may, if all the conditions in paragraph (2) and the additional conditions in paragraph (3) are met, appoint a person (“P2”) to carry out the functions set out in paragraph (4).

• (2) The conditions are that—

• (a) no controller has been appointed by the High Court under Part VIII of the Mental Health (Northern Ireland) Order 1986 with power to claim or receive benefit on P1's behalf; and

• (b) no attorney with a general power, or a power to claim or receive benefit, has been appointed by P1 under the Powers of Attorney Act (Northern Ireland) 1971 , the Enduring Powers of Attorney (Northern Ireland) Order 1987 or otherwise.

• (3) The additional conditions are that—

• (a) P2 has made a written application to the Department to be appointed; and

• (b) if P2 is an individual, P2 is over the age of 18.

• (4) The functions are exercising on behalf of P1 any right to which P1 may be entitled and receiving and dealing on behalf of P1 with any sums payable to P1.

• (5) Anything required by these Regulations to be done by or in relation to P1 may be done by or in relation to P2 or any person mentioned in paragraph (2).

• (6) Where a person has been appointed under regulation 80(3) of the Housing Benefit Regulations (Northern Ireland) 2006 by a relevant authority within the meaning of those Regulations to act on behalf of another in relation to a benefit claim or award, the Department may, if the person so appointed agrees, treat that person as if the Department had appointed that person under paragraph (1).

• (7) A direct credit transfer under regulation 41 into the account of P2 or any person mentioned in paragraph (2), or the receipt by such a person of a payment made by some other means, is sufficient discharge for the Department for any sum paid.

• (8) An appointment under paragraph (1) or (6) comes to an end if—

• (a) the Department at any time revokes it;

• (b) P2 resigns P2's office having given one month's notice in writing to the Department of an intention to do so; or

• (c) the Department is notified that any condition in paragraph (2) is no longer met.

Payment to another person on the claimant's behalf

53

• (1) The Department may direct that universal credit be paid wholly or in part to another person on the claimant's behalf if this appears to the Department necessary to protect the interests of—

• (a) the claimant;

• (b) the claimant's partner;

• (c) a child or qualifying young person for whom the claimant or the claimant's partner or both are responsible; or

• (d) a severely disabled person, where the calculation of the award of universal credit includes, by virtue of regulation 30 of the Universal Credit Regulations, an amount in respect of the fact that the claimant has regular and substantial caring responsibilities for that severely disabled person.

• (2) The Department may direct that personal independence payment be paid wholly to another person on the claimant's behalf if this appears to the Department necessary to protect the interests of the claimant.

Direct payment to lender of deductions in respect of interest secured on loans

54

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

Deductions which may be made from benefit and paid to third parties

55

...Deductions may be made from benefit and direct payments may be made to third parties on behalf of a claimant in accordance with the provisions of Schedules 5 and 6.

PART 6 — Mobility component of personal independence payment

Cases where mobility component of personal independence payment not payable

56

• (1) Subject to the following provisions of this regulation, personal independence payment by virtue of entitlement to the mobility component is not payable to any person who would otherwise be entitled to it during any period in respect of which that person has received, or is receiving, any payment—

• (a) by way of a grant under Article 30 of the Health and Personal Social Services (Northern Ireland) Order 1972 towards the costs of running a private car;

• (b) of mobility supplement under—

• (i) the Naval, Military and Air Forces etc., (Disablement and Death) Service Pensions Order 2006 ,

• (ii) the Personal Injuries (Civilians) Scheme 1983 , or

• (iii) the Order referred to in head (i) by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 , the Pensions (Polish Forces) Scheme 1964 , the War Pensions (Mercantile Marine) Scheme 1964 or an Order of Her Majesty in relation to the Home Guard dated 21st or 22nd December 1964 or in relation to the Ulster Defence Regiment dated 4th January 1971 ; or

• (c) out of public funds which the Department is satisfied is analogous to a payment under sub-paragraph (a) or (b).

• (2) Paragraph (3) applies where a person in respect of whom personal independence payment is claimed for any period has received any such payment as is referred to in paragraph (1) for a period which, in whole or in part, covers the period for which personal independence payment is claimed.

• (3) Such payment referred to in paragraph (1) is to be treated as an aggregate of equal weekly amounts in respect of each week in the period for which it is made and, where in respect of any such week a person is treated as having a weekly amount so calculated which is less than the weekly rate of the mobility component of personal independence payment to which, apart from paragraph (1) the person would be entitled, any personal independence payment to which that person may be entitled for that week is to be payable at a weekly rate reduced by the weekly amount so calculated.

Payment of personal independence payment on behalf of a claimant (Motability)

57

• (1) This regulation applies where—

• (a) personal independence payment is payable in respect of a claimant by virtue of entitlement to the mobility component at the enhanced rate; and

• (b) under arrangements made or negotiated by Motability, an agreement has been entered into by or on behalf of the claimant for the hire or hire-purchase of a vehicle.

• (2) Where this regulation applies, the Department may arrange that any personal independence payment by virtue of entitlement to the mobility component at the enhanced rate be paid in whole or in part on behalf of the claimant in settlement of liability for payments due under the agreement mentioned in paragraph (1).

• (3) Subject to regulations 58 and 59, in the case of the hire of a vehicle, an arrangement made by the Department under paragraph (2) terminates—

• (a) where the vehicle is returned to the owner at or before the expiration of the term of hire or any agreed extension of the term of hire, on expiry of the period of the term or extended term;

• (b) where the vehicle is retained by or on behalf of the claimant with the owner's consent after the expiration of the term of hire or any agreed extension of the term of hire, on expiry of the period of the term or extended term; or

• (c) where the vehicle is retained by or on behalf of the claimant otherwise than with the owner's consent after the expiration of the term of hire or any agreed extension of the term of hire, or its earlier termination, on expiry of whichever is the longer of the following periods—

• (i) the period ending with the return of the vehicle to the owner, or

• (ii) the period of the term of hire or any agreed extension of the term of hire.

• (4) Subject to regulations 58 and 59 in the case of a hire-purchase agreement, an arrangement made by the Department under paragraph (2) terminates—

• (a) on the purchase of the vehicle; or

• (b) where the vehicle is returned to, or is repossessed by, the owner under the terms of the agreement before the completion of the purchase, at the end of the original period of the agreement.

• (5) In this regulation “Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter.

Power of the Department to terminate an arrangement (Motability)

58

The Department may terminate an arrangement under regulation 57(2) on such date as the Department decides—

• (a) if requested to do so by the owner of the vehicle to which the arrangement relates; or

• (b) if it appears to the Department that the arrangement is causing undue hardship to the claimant and that it should be terminated earlier than provided for by regulation 57(3) or (4).

Restriction on duration of arrangements by the Department (Motability)

59

The Department must terminate an arrangement under regulation 57(2) where the Department is satisfied that—

• (a) the vehicle to which the arrangement relates has been returned to the owner; and

• (b) the expenses of the owner arising out of the hire or hire-purchase agreement have been recovered following the return of the vehicle.

SCHEDULE 1 — Electronic communications

PART 1 — Use of electronic communications

Use of electronic communications by the Department

1

The Department may use an electronic communication in connection with claims for, and awards of, any benefit.

Conditions for the use of electronic communications by other persons

2

• (1) A person other than the Department may use an electronic communication in connection with the matters referred to in paragraph 1 if the conditions specified in sub-paragraphs (2) to (5) are satisfied.

• (2) The first condition is that the person is for the time being permitted to use an electronic communication for the purpose in question by an authorisation given by means of a direction of the Department.

• (3) The second condition is that the person uses an approved method of—

• (a) authenticating the identity of the sender of the communication where required to do so;

• (b) electronic communication;

• (c) authenticating any claim or information delivered by means of an electronic communication; and

• (d) subject to sub-paragraph (6), submitting any claim or information to the Department.

• (4) The third condition is that any claim or information sent by means of an electronic communication is in an approved form.

• (5) The fourth condition is that the person maintains such records as may be specified in a direction given by the Department.

• (6) Where the person uses any method other than the method approved by the Department of submitting any claim or information, it is to be treated as not having been submitted.

• (7) In this paragraph “approved” means approved by means of a direction given by the Department for the purposes of this Schedule.

Use of intermediaries

3

The Department may use intermediaries in connection with—

• (a) the delivery of any claim or information by means of an electronic communication; and

• (b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 2 — Evidential provisions

Effect of delivering information by electronic communications

4

• (1) Any claim or information which is delivered by means of an electronic communication is to be treated as having been delivered in the manner or form required by any provision of these Regulations on the day on which the conditions imposed—

• (a) by this Schedule; and

• (b) by or under an applicable statutory provision (except to the extent that the condition thereby imposed is incompatible with this Schedule),

are satisfied.

• (2) The Department may, by a direction, determine that any claim or information is to be treated as delivered on a different day (whether earlier or later) from the day specified in sub-paragraph (1).

• (3) Any claim or information is not to be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of delivery

5

• (1) The use of an approved method of electronic communication is to be presumed, unless the contrary is proved, to have resulted in delivery—

• (a) in the case of any claim or information falling to be delivered to the Department, if the delivery of that claim or information is recorded on an official computer system; or

• (b) in the case of any information that falls to be delivered by the Department, if the despatch of that information is recorded on an official computer system.

• (2) The use of an approved method of electronic communication is to be presumed, unless the contrary is proved, not to have resulted in delivery—

• (a) in the case of any claim or information falling to be delivered to the Department, if the delivery of that claim or information is not recorded on an official computer system; or

• (b) in the case of information that falls to be delivered by the Department, if the despatch of that information is not recorded on an official computer system.

• (3) The time and date of receipt of any claim or information sent by an approved method of electronic communication is to be presumed, unless the contrary is proved, to be that recorded on an official computer system.

Proof of identity

6

• (1) The identity of—

• (a) the sender of any claim or information delivered by means of an electronic communication to an official computer system; or

• (b) the recipient of any claim or information delivered by means of an electronic communication from an official computer system,

is to be presumed, unless the contrary is proved, to be the person whose name is recorded as such on that official computer system.

• (2) Any claim or information delivered by an approved method of electronic communication on behalf of another person (“P”) is to be deemed to have been delivered by P unless P proves that it was delivered without P's knowledge or connivance.

Proof of content

7

The content of any claim or information sent by means of an electronic communication is to be presumed, unless the contrary is proved, to be that recorded on an official computer system.

SCHEDULE 2 — Consequential amendments

1

• (1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (5).

• (2) In regulation 1 (citation and commencement)—

• (a) in the heading for “and commencement” substitute “, commencement and application”; and

• (b) renumber the existing provision as paragraph (1) and after that paragraph insert—

(2) In so far as these Regulations apply to— (a) an employment and support allowance, they apply to that allowance under Part 1 of the Welfare Reform Act as it has effect apart from the amendments made by Schedule 3 and Part 1 of Schedule 12 to the 2015 Order that remove references to an income-related allowance; (b) a jobseeker's allowance, they apply to that allowance under the Jobseekers Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance. (3) These Regulations do not apply to universal credit (within the meaning of Part 2 of the 2015 Order) or personal independence payment (within the meaning of Part 5 of that Order).

• (3) In regulation 2(1) (interpretation) after the definition of “the 2002 Act” insert—

“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015; “the 2016 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016;

• (4) For regulation 21(1) (direct credit transfer) substitute—

(1) The Department may arrange for benefit to be paid by way of direct credit transfer into a bank account or other account nominated by the person entitled to benefit or a person acting on their behalf.

• (5) In paragraph 2 of Schedule 8C (deductions from benefit in respect of child support maintenance and payment to persons with care) after sub-paragraph (2) insert—

(2A) Where paragraph 5 of Schedule 6 to the 2016 Regulations (deductions from benefit in respect of child maintenance and payment to persons with care – flat rate maintenance) applies, the Department shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of specified benefit (within the meaning of paragraph 1 of Schedule 6 to the 2016 Regulations) is insufficient to meet the deduction under paragraph 5 of that Schedule.

2

In regulation 80(5) of the Housing Benefit Regulations (Northern Ireland) 2006 (who may claim) after “of the Act” insert “or under regulation 52 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2016”.

3

In regulation 9 of the Integration Loans for Refugees and Others Regulations 2007 —

• (a) in paragraph (1) after “Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”; and

• (b) in paragraph (3)(b) after “Regulations 2013” insert “or Schedule 5 to the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016”.

SCHEDULE 3 — Special provisions relating to claims for a jobseeker's allowance during periods connected with public holidays

1

In this Schedule—

• “Christmas and New Year holidays” means the period beginning at the start of Christmas Day and terminating at the end of New Year's Day or, if New Year's Day is a Sunday, at the end of 2nd January;

• “Easter holidays” means the period beginning at the start of Good Friday and terminating at the end of Easter Monday.

2

Where a claim for a jobseeker's allowance is made during any period set out in paragraph 3, the Department may treat that claim as a claim for a period, to be specified in a decision of the Department, not exceeding—

• (a) 35 days after the date of the claim where the claim is made during the period specified in paragraph 3(a); or

• (b) 21 days after the date of claim where the claim is made during the period specified in paragraph 3(b) or (c).

3

For the purposes of paragraph 2 the periods are—

• (a) in the case of Christmas and the New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and terminating at the end of the last day of office closure;

• (b) in the case of Easter holidays, a period beginning with the start of the 16th day before the first day of office closure and terminating at the end of the last day of office closure;

• (c) in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and terminating at the end of the last day of office closure.

SCHEDULE 4 — Direct payment to lender of deductions in respect of interest on secured loans

1

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

Relevant claimants and benefits from which payments are to be made

2

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

Circumstances in which direct payments of loan interest to be made

3

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

Determining the amount to be paid to a qualifying lender

4

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

Determining the amount to be paid to a qualifying lender: more than one loan

5

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

Qualifying lenders to apply direct payments in discharge of borrower's liability

6

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

Application by qualifying lenders of any amount which exceeds liability

7

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

Time and manner of payments

8

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

Fees payable by qualifying lenders

9

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

Election not to be regarded as a qualifying lender

10

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

Provision of information

11

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

Recovery of sums wrongly paid

12

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

SCHEDULE 5 — Deductions from benefit and direct payment to third parties

Interpretation

1

• (1) In this Schedule—

• “assessment period” has the meaning given by regulation 22 of the Universal Credit Regulations;

• “child element” means, in relation to any claimant, any amount included in the claimant's award of universal credit under regulation 25 of the Universal Credit Regulations;

• “the Fines Regulations” means the Social Security (Fines) (Deduction from Benefits) Regulations (Northern Ireland) 2021

• “the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001 ;

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

• “standard allowance” means, in relation to any claimant, any amount included in the claimant's award of universal credit under Article 14(1) of the 2015 Order;

• “water charges” means charges for water or sewerage under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 ;

• “the work allowance” means, in relation to any claimant, the amount applicable to that claimant under regulation 23(2) of the Universal Credit Regulations.

• (2) For the purposes of this Schedule where the relevant percentage of the standard allowance results in a fraction of a penny, that fraction is to be disregarded if it is less than half a penny otherwise it is to be treated as a penny.

General

2

• (1) The Department may deduct an amount from a claimant's award of universal credit and pay that amount to a third party in accordance with the following provisions of this Schedule to discharge (in whole or in part) a liability of the claimant to that third party.

• (2) A payment made to a third party in accordance with this Schedule may be made at such intervals as the Department may direct.

Limitations applicable to deductions made under this Schedule

3

• (1) The Department may not deduct an amount from a claimant's award of universal credit under this Schedule and pay that amount to a third party if, in relation to any assessment period, that would—

• (a) reduce the amount payable to the claimant to less than one penny; or

• (b) result in more than three deductions being made, in relation to that assessment period, under one or more of the provisions mentioned in sub-paragraph (2).

• (2) The provisions are—

• (a) paragraph 6 (housing costs);

• (b) paragraph 7 (rent and service charges included in rent);

• (c) paragraph 8 (fuel costs);

• (d) paragraph 9 (rates);

• (e) paragraph 10 (water charges);

• (f) paragraph 11 (payments in place of payments of child support maintenance);

• (g) paragraph 12 (integration loans).

• (h) regulation 3 (deductions from debtor’s universal credit) of the Fines Regulations

• (3) The aggregate amount deducted from a claimant's award of universal credit in relation to any assessment period and paid to a third party under paragraphs 8 and 10 must not, without the claimant's consent, exceed the sum equal to 25 per cent. of the aggregate of the standard allowance and any child element.

Maximum amount

4

• (1) Except as provided for in sub-paragraph (4), the Department may not deduct an amount from a claimant's award of universal credit under a provision mentioned in paragraph 5(2) if, in relation to any assessment period, that would result in the Department deducting an amount in excess of 40 per cent. of the standard allowance (“the maximum amount”) from the claimant's award under one or more relevant provisions.

• (2) The relevant provisions are—

• (a) those mentioned in paragraph 5(2);

• (b) Article 31 of the 2015 Order (higher-level sanctions);

• (c) Article 32 of the 2015 Order (other sanctions);

• (d) section 69ZG of the Administration Act (recovery of payments on account);

• (e) section 5B of the Fraud Act (loss of benefit in case of conviction, penalty or caution for benefit offence);

• (f) section 6 of the Fraud Act (loss of benefit for second or subsequent conviction of benefit offence); and

• (g) section 8 of the Fraud Act (effect of offence on benefits for members of offender's family).

• (3) For the purposes of determining whether the maximum amount would be exceeded, no account is to be taken of any liability for continuing need mentioned in—

• (a) paragraph 8(4)(b) (fuel costs); or

• (b) paragraph 10(6)(b) or (7)(b) (water charges).

• (4) Subject to paragraph 3, the Department may deduct an amount from the claimant's award under paragraph 6, 7 or 8 and pay that amount to a third party where the deduction appears to the Department to be in the claimant's best interests, even though the deduction would result in the maximum amount being exceeded.

Priority as between certain debts

5

• (1) This paragraph applies to a claimant (“C”) where, in relation to any assessment period—

• (a) a deduction could otherwise be made from C's award under more than one of the provisions mentioned in sub-paragraph (2); and

• (b) the amount of universal credit payable to C in relation to that assessment period is insufficient to enable the Department to meet all of the liabilities for which in C's case deductions may be made under those provisions or the deduction, were it to be made, would mean that the maximum amount referred to in paragraph 4(1) would be exceeded.

• (2) The provisions are—

• (a) paragraph 6 (housing costs);

• (b) paragraph 7 (rent and service charges included in rent);

• (c) paragraph 8 (fuel costs);

• (d) paragraph 9 (rates);

• (dd) regulation (3) (deductions from debtor’s universal credit) of the Fines Regulations;

• (e) paragraph 10 (water charges);

• (ee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) paragraph 11 (payments in place of child support maintenance);

• (g) Schedule 6 (deductions from benefit in respect of child support maintenance and payment to persons with care);

• (h) section 74(2) of the Administration Act (recovery of social fund awards);

• (i) section 69ZH(1)(a) or (b) of the Administration Act (recovery of hardship payments etc.);

• (j) section 109A of the Administration Act (penalty as alternative to prosecution) where an overpayment is recoverable from a person by, or due from a person to, the Department or the Housing Executive under or by virtue of section 69, 69ZB or 73 of that Act ;

• (k) sections 69, 69ZC or 73(4) of the Administration Act (overpayments and deduction from benefit) or an overpayment of working tax credit or child tax credit, where in each case, the overpayment (or part of it) is the result of fraud;

• (l) section 69, 69ZC or 73(4) of the Administration Act or an overpayment of working tax credit or child tax credit, where in each case, the overpayment (or part of it) is not the result of fraud;

• (m) paragraph 12 (integration loans).

• (3) Where this paragraph applies to a claimant, the Department must make a deduction under any of the provisions mentioned in sub-paragraph (2) in accordance with sub-paragraphs (4) and (5).

• (4) The Department must give priority to any such deductions in the order in which they are listed in sub-paragraph (2), with housing costs having the priority.

• (5) Where two or more provisions mentioned in any single head of sub-paragraph (2) apply to the claimant, unless the Department directs otherwise, those deductions have equal priority with each other and the amount of such deductions are to be apportioned accordingly.

• (6) For the purposes of sub-paragraph (2)(k) and (l), an overpayment is the result of fraud if, in relation to that overpayment or that part of it, the claimant—

• (a) has been found guilty of an offence whether under statute or otherwise;

• (b) made an admission after caution of deception or fraud for the purpose of obtaining benefit under the Administration Act, or in the case of a tax credit, under the Tax Credits Act 2002 ; or

• (c) agreed to pay a penalty under section 109A of the Administration Act and the agreement has not been withdrawn.

Housing costs

6

• (1) This paragraph applies where the following condition is met.

• (2) The condition is that in any assessment period the claimant is in debt for any item of housing costs which is included in the claimant's award of universal credit under Schedule 5 to the Universal Credit Regulations (housing costs element for owner-occupiers).

• (3) Where this paragraph applies, but subject to sub-paragraph (4), the Department may, in such cases and circumstances as it may determine, in relation to that assessment period deduct an amount from the claimant's award equal to 5 per cent. of the standard allowance in respect of any debt mentioned in sub-paragraph (2) and pay that amount or those amounts to the person to whom any such debt is owed.

• (4) Before the Department may commence (or re-commence) making deductions in respect of any such debt, the claimant's earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent and service charges included in rent

7

• (1) This paragraph applies where all of the following conditions are met.

• (2) The first condition is that in any assessment period the claimant—

• (a) has an award of universal credit which includes an amount under Schedule 4 to the Universal Credit Regulations (housing costs element for renters); or

• (b) occupies exempt accommodation and has an award of housing benefit under section 129 of the Contributions and Benefits Act (housing benefit) .

• (3) The second condition is that the claimant is in debt for any—

• (a) rent payments;

• (b) service charges which are paid with or as part of the claimant's rent.

• (4) The third condition is that the claimant occupies the accommodation to which the debt relates.

• (5) Where this paragraph applies, but subject to sub-paragraphs (6) and (7), the Department may, in such cases and circumstances as the Department may determine, deduct in relation to that assessment period an amount from the claimant's award equal to 5 per cent. of the standard allowance and pay that amount to the person to whom the debt is owed.

• (6) Before the Department may commence (or re-commence) making deductions in respect of such a debt, the claimant's earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

• (7) The Department must stop making such deductions if, in relation to the three assessment periods immediately preceding the date on which the next deduction could otherwise be made, the claimant's earned income (or in the case of joint claimants their combined earned income) equals or exceeds the work allowance.

• (8) In this paragraph—

• “exempt accommodation” has the meaning given by paragraph 1 of Schedule 1 to the Universal Credit Regulations (meaning of payments in respect of accommodation);

• “rent payments” includes any elements included in the claimant's rent which would not fall to be treated as rent under the Housing Benefit Regulations (Northern Ireland) 2006 or as rent payments under the Universal Credit Regulations;

• “service charges” includes any items in a charge for services in respect of the accommodation occupied by the claimant which would not fall to be treated as service charges under the Universal Credit Regulations.

Fuel costs

8

• (1) This paragraph applies where the following condition is met.

• (2) The condition is that in any assessment period the claimant is in debt for any fuel item.

• (3) Where this paragraph applies, but subject to sub-paragraphs (4A), (5) and (6), the Department may, in such cases and circumstances as the Department may determine, deduct in relation to that assessment period the following amounts from the claimant's award and pay them to the person to whom the payment is due.

• (4) The amount which may be deducted in respect of any fuel item is—

• (a) an amount equal to 5 per cent. of the standard allowance; and

• (b) an additional amount which the Department estimates is not more than the average monthly cost necessary to meet the claimant's continuing need for the fuel in respect of which the debt arose, except where current consumption is paid for by other means such as a pre-payment meter.

• (4A) The Department may only make deductions under sub-paragraph (4)(b) if—

• (a) an application for deductions is made by the person to whom the payment is due; and

• (b) except where the application is for a reduction in the amount of a deduction, the claimant consents to the application.

• (5) Before the Department may commence (or re-commence) making deductions in respect of such a debt, the claimant's earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

• (6) The Department must stop making such deductions if, in relation to the three assessment periods immediately preceding the date on which the next deduction could otherwise be made, the claimant's earned income (or in the case of joint claimants their combined earned income) equals or exceeds the work allowance.

• (7) As between liabilities for items of gas or electricity, the Department must give priority to whichever liability the Department considers it would, having regard to the circumstances and to any requests of the claimant, be appropriate to discharge.

• (8) In this paragraph “fuel item” means—

• (a) any charge for mains gas, including any charge for the reconnection of mains gas;

• (b) any charge for mains electricity, including any charge for the disconnection or reconnection of mains electricity.

Rates

9

• (1) This paragraph applies where the following condition is met.

• (2) The condition is that in any assessment period the claimant has a current liability for rates (within the meaning of the Rates (Northern Ireland) Order 1977 ) and is in rates arrears.

• (3) Where this paragraph applies, but subject to sub-paragraphs (4) and (5), the Department may, where the Department of Finance has requested it to make payment in accordance with this paragraph, deduct in relation to that assessment period an amount from the claimant's award equal to 5 per cent. of the standard allowance and pay that amount to the Department of Finance.

• (4) Before the Department may commence (or re-commence) making deductions in respect of any such debt, the claimant's earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

• (5) The Department must stop making such deductions if, in relation to the three assessment periods immediately preceding the date on which the next deduction could otherwise be made, the claimant's earned income (or in the case of joint claimants their combined earned income) equals or exceeds the work allowance.

Water charges

10

• (1) This paragraph applies where the following condition is met.

• (2) The condition is that in any assessment period the claimant is in debt for water charges, including any charges for reconnection (“the original debt”).

• (3) Where this paragraph applies, but subject to sub-paragraphs (4) and (5), the Department may, in such cases and circumstances as the Department may determine, deduct an amount from the claimant's award in accordance with sub-paragraphs (6) to (8) and pay it to a water undertaker to whom the payment is due or to the person or body authorised to collect water charges for that undertaker.

• (4) Before the Department may commence (or re-commence) making deductions in respect of such a debt, the claimant's earned income (or in the case of joint claimants their combined earned income) in relation to the previous assessment period must not exceed the work allowance.

• (5) The Department must stop making such deductions if, in relation to the three assessment periods immediately preceding the date on which the next deduction could otherwise be made, the claimant's earned income (or in the case of joint claimants their combined earned income) equals or exceeds the work allowance.

• (6) Where water charges are determined by means of a water meter, the amount to be deducted under this paragraph in relation to any assessment period is to be—

• (a) an amount equal to 5 per cent. of the standard allowance towards discharging the original debt; and

• (b) an additional amount which the Department estimates to be the average monthly cost necessary to meet the claimant's continuing need for water consumption.

• (7) Where water charges are determined otherwise than by means of a water meter, the amount to be deducted in relation to any assessment period under this paragraph is to be—

• (a) the amount referred to in sub-paragraph (6)(a); and

• (b) an additional amount equal to the cost necessary to meet the continuing need for water consumption in that assessment period.

• (8) Where the claimant is in debt to two water undertakers—

• (a) only one amount under sub-paragraph (6)(a) or (7)(a) may be deducted;

• (b) a deduction in respect of an original debt for sewerage may only be made after the whole debt in respect of an original debt for water has been paid; and

• (c) deductions in respect of continuing charges for both water and sewerage may be made at the same time.

• (9) In this paragraph “water undertaker” means a company appointed as a water undertaker or a sewerage undertaker under Article 13(1) of the Water and Sewerage Services (Northern Ireland) Order 2006.

Payments in place of payments of child support maintenance

11

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

Integration loans

12

• (1) This paragraph applies where the claimant has an integration loan which is recoverable by deductions.

• (2) Where this paragraph applies, the amount payable by deductions in any assessment period is to be equal to 5 per cent. of the standard allowance.

• (3) In this paragraph “integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007 and which is recoverable from the claimant by deductions from the claimant's award of universal credit under regulation 9 of those Regulations (repayment of an integration loan).

SCHEDULE 6 — Deductions from benefit in respect of child support maintenance and payment to persons with care

Interpretation

1

In this Schedule—

• “beneficiary” means a person who has been awarded a specified benefit;

• “fee” means any collection fee under Part 2 of the Child Support Fees Regulations (Northern Ireland) 2014 which is payable by the non-resident parent;

• “maintenance”, except in paragraph 3(1), means child support maintenance which a non-resident parent is liable to pay under the Child Support Order at a flat rate (or would be so liable but for a variation having been agreed to) where that rate applies (or would have applied) because the non-resident parent falls within paragraph 4(1)(a), (b), (c) or (2) of Schedule 1 to that Order (flat rate) and includes such maintenance payable at a transitional rate in accordance with regulations made under section 28(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (transitional provisions, savings, etc.);

• “person with care” has the same meaning as in Article 4 of the Child Support Order (meaning of certain other terms used in this Order);

• “specified benefit” means—an employment and support allowance;a jobseeker's allowance;universal credit.

Deductions

2

• (1) Subject to the following provisions of this paragraph and to paragraph 5, the Department may deduct from any specified benefit awarded to a beneficiary, an amount equal to the amount of maintenance and any fee which is payable by the beneficiary and pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the liability to pay maintenance, and retain any amount deducted in discharge of any liability to pay a fee.

• (2) A deduction for maintenance and fees may only be made from one specified benefit in respect of the same period.

• (3) No amount may be deducted under this Schedule from any employment and support allowance or any jobseeker's allowance awarded to the claimant if that would reduce the amount of the benefit payable to the claimant to less than 10 pence.

• (4) No amount may be deducted under this Schedule from any universal credit awarded to the claimant if that would reduce the amount payable to the claimant to less than one penny.

Arrears

3

• (1) ... The Department may deduct the sum of £8.40 per week from any employment and support allowance , jobseeker’s allowance or universal credit which the beneficiary has been awarded and ... pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the beneficiary's liability to pay arrears of maintenance, and retain any amount deducted in discharge of any liability to pay a fee.

• (1A) No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.

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

• (3) In sub-paragraph (1) “maintenance” means child support maintenance as defined by Article 4(6) of the Child Support Order whether before or after the amendment of that paragraph by section 1(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, and includes maintenance payable at a transitional rate in accordance with regulations made under section 28(2)(a) of that Act.

Apportionment

4

Where maintenance is payable to more than one person with care, the amount deducted in respect of maintenance must be apportioned between the persons with care in accordance with paragraphs 6, 7 and 8 of Schedule 1 to the Child Support Order (maintenance assessments).

Flat rate maintenance

5

• (1) This paragraph applies where the beneficiary and that person's partner are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Child Support Order and either of them has been awarded universal credit (whether as a single claimant or as joint claimants).

• (2) Where this paragraph applies, an amount not exceeding an amount equal to the flat rate of maintenance and any fee may be deducted from such an award in respect of the total liability of both partners to pay maintenance and any fee, in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations (Northern Ireland) 2001 (flat rate) or regulation 43(3) of the Child Support Maintenance Calculation Regulations (Northern Ireland) 2012 (flat rate) and must be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance or retained in discharge of any liability to pay a fee.

Notice

6

Where the Department commences making deductions under this Schedule, the Department must notify the beneficiary in writing of the amount and frequency of the deduction and the benefit from which the deduction is made and must give further such notice when there is a change to any of the particulars specified in the notice.

Signed

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

Freud — Minister of State, — 2016-05-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes