Legalize
Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

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

Type Ni-Statutory-Rule
Publication 2016-05-04
Last updated 2025-04-30
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API
81

Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999.

82

2001 c. 9 (N.I.); the definition of “electronic communication” was amended by paragraph 170 of Schedule 17 to the Communications Act 2003 (c. 21).

83

S.R. 2016 No. 218.

85

Section 35 was amended by Article 4(a) of the Still Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10)), Article 63 of the Social Security (Northern Ireland) Order 1998, Article 50(1) and (2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002, paragraph 5 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), regulation 2(3) of S.R. 1994 No. 176, regulation 2(3) of S.R. 2014 No. 102 and section 6(2) and (3) of the Work and Families Act (Northern Ireland) 2015 (c. 1).

86

S.R. 2016 No. 217.

87

S.R. 2016 No. 216.

89

Subsection (1A) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997.

90

S.R. 1982 No. 263; regulation 7 was amended by regulation 2(b) of S.R. 1984 No. 91 and regulation 3(3) of S.R. 1996 No. 108.

91

S.R. 1976 No. 175.

92

S.R. 2016 No. 221.

94

1993 c. 49; the definition of “personal pension scheme” was substituted by Article 216(3) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) and amended by Part 3(2) of Schedule 27 to the Finance Act 2007 (c. 11).

95

1988 c. 1; sections 620 to 622 were repealed by Part 3 of Schedule 42 to the Finance Act 2004 (c. 12) subject to savings provisions in Schedule 36 to that Act.

97

Section 105A was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and subsections (1A) to (1G) were inserted by section 15(1)(b) of the Social Security Fraud Act (Northern Ireland) Act 2001 (c. 17 (N.I.)), in section 106 subsection (1A) was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and subsections (1A) to (1F) were substituted for that subsection by section 15(2) of the Social Security Fraud Act (Northern Ireland) 2001.

102

S.R. 2006 No. 405.

109

Cmnd. 2563 and 2564.

110

Cmnd. 4567.

112

S.R. 1987 No. 465; relevant amending Regulations are S.R. 2001 No. 22, S.R. 2003 No. 191, S.R. 2008 No. 286 and S.R. 2014 No. 182.

113

The definition of “the 2002 Act” was inserted by regulation 3(a)(i) of S.R. 2003 No. 191.

114

Schedule 8C was inserted by regulation 2(3) of S.R. 2001 No. 22 and paragraph 2 was amended by regulation 14(3)(a) of S.R. 2003 No. 191, regulation 13(20)(a) of S.R. 2008 No. 286 and regulation 10(3) of S.R. 2014 No. 182.

115

S.I. 2007/1598; regulation 9 was amended by paragraph 4 of Schedule 3 to S.I. 2013/380.

119

Section 5B was inserted by section 19(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.)) and amended by Articles 115(8)(a), 117(2) to (6) and 118(2) of, and paragraph 47 of Schedule 2, paragraph 14 of Schedule 3 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015.

120

Section 6 was amended by paragraph 33 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 14 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and paragraph 1 of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2010 and Articles 117(7) and 118(3) to (11) of, and paragraph 48 of Schedule 2, paragraph 15 of Schedule 3 and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015.

121

Section 8 was amended by paragraph 34 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 14(4) and (5) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007, paragraph 3 of Schedule 3 to the Welfare Reform Act 2010 and paragraph 50 of Schedule 2 and Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015.

122

Section 69ZH is inserted by Article 109(1) of the Welfare Reform (Northern Ireland) Order 2015.

123

Section 109A was inserted by Article 14 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and amended by section 13 of the Social Security Fraud Act (Northern Ireland) 2001 and Articles 109(3), 115(1) to (7) and 116(1) of, and Part 1 of Schedule 12 to, the Welfare Reform (Northern Ireland) Order 2015.

124

Section 69 was amended by Article 33(1) of, and paragraph 31 of Schedule 2 and Schedule 3 to, the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), section 2 of the Social Security (Overpayments) Act 1996 (c. 51), Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 62 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), paragraph 10 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002, paragraph 110 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), section 135(4) of the Health and Social Care Act 2008 (c. 14), section 41(3) of, and paragraph 4(6) of Schedule 3 to, the Welfare Reform Act (Northern Ireland) 2007, section 107(2) of the Welfare Reform Act 2012 (c. 5) and is amended by Articles 109(2) and 110(1) of, and paragraph 9 of Schedule 9 to, the Welfare Reform (Northern Ireland) Order 2015, section 69ZB is inserted by Article 109(1) of the Welfare Reform (Northern Ireland) Order 2015 and section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997, section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and is amended by Article 110(3) of the Welfare Reform (Northern Ireland) Order 2015.

125

Section 69ZC is inserted by Article 109(1) of the Welfare Reform (Northern Ireland) Order 2015.

127

Section 129 was amended by Article 8(2) of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002/3154 (N.I. 8)) and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007.

128

S.R. 2006 No. 405.

130

S.I. 2007/1598; regulation 9 was amended by paragraph 4 of Schedule 3 to S.I. 2013/380 and is amended by paragraph 3 of Schedule 2 to these Regulations.

131

S.R. 2014 No. 182.

132

Paragraph 4 of Schedule 1 was substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and is amended by Schedule 1 to the Child Maintenance Act (Northern Ireland) 2008 (c. 10 (N.I.)).

133

Article 4(6) is amended by section 1(2)(a) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.

134

Paragraphs 6, 7 and 8 of Schedule 1 were substituted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and amended by paragraphs 4(c), 6 and 7 of Schedule 1 and paragraph 1(25) of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008 (c. 10).

135

S.R. 2001 No. 18.

136

S.R. 2012 No. 427.

139

Regulations applied (coming into force in accordance with reg. 1(2) of the amending Regulations) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), Sch. 2 para. 1(4)

140

Reg. 25 applied with modification(s) (coming into force in accordance with reg.1 of the amending Regulations) by The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/226), regs. 1, 14(1)(2)

146

Reg. 54 omitted by S.R. 2017/176, Sch 5 para. 8(a) (as inserted (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(e))

147

Words in reg. 55 omitted by S.R. 2017/176, Sch 5 para. 8(b) (as inserted (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(e))

148

Sch. 5 para. 6(5)(6) omitted by S.R. 2017/176, Sch 5 para. 8(d) (as inserted (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/37), regs. 1(3), 2(18)(e))

168

Words in Sch. 5 para. 8(3) substituted (with application in accordance with reg. 1(2) of the amending S.R.) by The Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/67), regs. 1(1), 3(3)

169

Words in Sch. 5 para. 8(4)(b) substituted (with application in accordance with reg. 1(2) of the amending S.R.) by The Social Security Benefits (Claims and Payments) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/67), regs. 1(1), 3(4)

Recovery of expenses

57A

  • (1) Paragraph 2 applies where—
  • (a) an agreement referred to in regulation 57(1)(b) has been entered into; and
  • (b) a relevant provider is receiving payments of personal independence payment in settlement of liability for payments due under that agreement.
  • (2) The Department may require the relevant provider to make payments to meet the reasonable expenses of the Department in administering the making of the payments of personal independence payment to the relevant provider.
  • (3) The method by which the expenses under paragraph (2) are to be met is for the Department to issue an invoice to the relevant provider setting out the expenses that have been incurred and for the relevant provider to pay the sum stated to the Department.
  • (4) The first invoice issued by the Department may recover expenses incurred on or after 7th November 2016.
  • (5) Subsequently the Department may issue invoices no more frequently than annually and only in respect of expenses incurred since the period covered by the previous invoice.
  • (6) The expenses that the Department may take into account for the purposes of paragraph (2) include—
  • (a) the salaries and other costs relating to the employment of staff wholly engaged in the administering of the payments of personal independence payment and where staff have other responsibilities, an apportioned amount of those costs; and
  • (b) overheads, including rent and other shared costs, relating to those staff.
  • (7) In determining what expenses were reasonably incurred in administering the making of payments of personal independence payment to a relevant provider, the Department must have regard to any agreement between the Department and the relevant provider concerning the level of service to be provided by the Department in the making of such payments to that relevant provider.

Power of the Department to terminate an arrangement (Motability)

Restriction on duration of arrangements by the Department (Motability)

Reclaims of universal credit after nil award due to earnings

31A

  • (1) This regulation applies where—
  • (a) a claim is made for universal credit, but no award is made because the condition in Article 10(1)(b) or 10(2)(b) of the 2015 Order (condition that the claimant’s income, or joint claimants’ combined income is such that the amount payable would not be less than the prescribed minimum) is not met; or
  • (b) entitlement to an award of universal credit ceases because that condition is not met.
  • (2) The Department may, subject to any conditions the Department considers appropriate, treat the claimant (or joint claimants) as making a claim on the first day of each subsequent month, up to a maximum of 5, that would have been an assessment period if an award had been made or, as the case may be, if the award had continued.

Advance claim for and award of personal independence payment

Advance claim for and award of an employment and support allowance or a jobseeker's allowance

Attendance in person

Duration of awards

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.