The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

(iii) in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or (iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;

Amendment of the Child Support Maintenance Calculation Regulations

41

• (1) The Child Support Maintenance Calculation Regulations (Northern Ireland) 2012¹⁵³ are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “the Contributions and Benefits Act” insert—

• “contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as that Order has effect apart from those provisions;

, and

• (b) for the definition of “contributory employment and support allowance” substitute—

• “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions,

• (3) In regulation 43 (flat rate)—

• (a) in paragraph (2)—

• (i) at the end of paragraph (c) omit “and”, and

• (ii) at the end of paragraph (d) insert “and”,

• (iii) after paragraph (d) insert—

(e) universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income.

; and

• (b) after paragraph (4) insert—

(5) For the purposes of paragraph (2)(e) and regulation 44(1)(c) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.

• (4) In regulation 44(1)(c) (nil rate)—

• (a) at the end of paragraph (i) omit “or”; and

• (b) after paragraph (ii) insert—

(iii) in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015, where the award of universal credit is calculated on the basis that they do not have any earned income; or (iv) in a case not covered by paragraph (iii), a member of a couple where their partner is in receipt of universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 and the award of universal credit is calculated on the basis that the non-resident parent does not have any earned income;

CHAPTER 3 — CHILDREN

Amendment of the Adoption Allowance Regulations

42

• (1) The Adoption Allowance Regulations (Northern Ireland) 1996¹⁵⁴ are amended in accordance with paragraphs (2) and (3).

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

• (a) at the end of the definition of “severe disablement allowance” for “.” Substitute” “:”; and

• (b) after the definition of “severe disablement allowance” insert—

• “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

• (3) In regulation 6(5)(c) (review, variation and termination of allowances) after “qualifies for” insert “universal credit,”.

CHAPTER 4 — EDUCATION AND EMPLOYMENT

Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations

43

• (1) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996¹⁵⁵ are amended in accordance with paragraphs (2) to (7).

• (2) In the title of the regulations for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

• (3) In regulation 1 (citation and commencement) for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

• (4) In regulation 2(1) (interpretation)¹⁵⁶—

• (a) in the definition of “recoupable benefit”, after “income-related employment and support allowance” insert “, universal credit”; and

• (b) after the definition of “the Secretary of the Tribunals” insert—

• “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

• (5) In regulation 4(1) and (8) (duties of the industrial tribunals and of the Secretary of the Tribunals in respect of monetary awards)¹⁵⁷ after “income-related employment and support allowance” insert “, universal credit”.

• (6) In regulation 8 (recoupment of benefit)¹⁵⁸—

• (a) in paragraph (1) after “income-related employment and support allowance” insert “, universal credit”;

• (b) in paragraph (2)(b) at the beginning insert “(i)” and after “is attributable” insert—

; or (ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable

• (c) in paragraph (3)(b), at the beginning insert “(i)” and after “described in sub-paragraph (a)” insert—

; or (ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the protected period falling before the date described in (a) above, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the protected period

; and

• (d) after paragraph (11) insert—

(12) For the purposes of paragraphs (2)(b)(ii) and (3)(b)(ii) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.

• (7) In regulation 10(1) and (2) (provisions relating to determination of amount paid by way of or paid as on account of benefit)¹⁵⁹ after “income-related employment and support allowance” insert “, universal credit”.

Amendment of the Education (Student Loans) Regulations

44

In paragraph 1 of Schedule 2 to the Education (Student Loans) Regulations (Northern Ireland) 1998 (terms of loans)¹⁶⁰ for the definition of “disability related benefits” substitute—

• “disability related benefits” means—long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disabled person’s tax credit, all payable under the Social Security Contributions and Benefits Act 1992¹⁶¹ or the Social Security Contributions and Benefits (Northern Ireland) Act 1992¹⁶²;personal independence payment under Part 4 of the Welfare Reform Act 2012¹⁶³ or Part 5 of the Welfare Reform (Northern Ireland) Order 2015¹⁶⁴;armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011¹⁶⁵;the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987¹⁶⁶or the Income Support (General) Regulations (Northern Ireland) 1987¹⁶⁷;any amount that is included in the calculation of an award of universal credit, under regulation 28(1) of the Universal Credit Regulations 2013¹⁶⁸ or regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016¹⁶⁹(award to include LCW and LCWRA elements), in respect of the fact that the borrower has limited capability for work or limited capability for work and work-related activity; orany other statutory disability related benefit which replaces any of those benefits and which the lender gives the borrower details;

Amendment of the Education (Student Support) (No. 2) Regulations

45

• (1) The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009¹⁷⁰ are amended in accordance with paragraphs (2) to (7).

• (2) In regulation 2(1) (interpretation) after the definition of “type 3 teacher training student” insert—

• “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

• (3) In regulation 43(2) (interpretation of chapter 4)¹⁷¹—

• (a) at the end of sub-paragraph (f) omit “and”;

• (b) at the end of sub-paragraph (g) for “.” substitute “; and”;

• (c) after sub-paragraph (g) insert—

(h) in the case of a dependant who is entitled to an award of universal credit— (i) any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016¹⁷² (award to include LCW and LCWRA elements), in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity; (ii) any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations.

• (4) For regulation 46(3) (childcare grant)¹⁷³ substitute—

(3) A does not qualify for a childcare grant is A or A’s partner— (a) has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; or (b) is entitled to an award of universal credit the calculation of which includes an amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016.

• (5) In regulation 59(2) (qualifying conditions for the special support grant)¹⁷⁴—

• (a) at the end of sub-paragraph (a) omit “or”;

• (b) at the end of sub-paragraph (b) insert “or”; and

• (c) after sub-paragraph (b) insert—

(c) under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home.

• (6) In regulation 110(1)(a) (amount of support)—

• (a) at the end of paragraph (ii) omit “or”; and

• (b) after paragraph (iii) insert—

or (iv) to universal credit;

• (7) In regulation 127(5)(a) (amount of assistance)—

• (a) at the end of paragraph (ii) omit “or”; and

• (b) after paragraph (iii) insert—

or (iv) to universal credit;

Amendment of the National Minimum Wage Regulations

46

In regulation 55(2)(a) of the National Minimum Wage Regulations 2015¹⁷⁵ (work schemes for provision of accommodation to the homeless)—

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

• (b) in paragraph (ii) after “Social Security Contributions and Benefits Act 1992” insert “or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”; and

• (c) in paragraph (iii) after “Jobseekers Act 1995” insert “or Part II of the Jobseekers (Northern Ireland) Order 1995”.

CHAPTER 5 — HOUSING

Amendment of the Home Repair Assistance Grant Regulations

47

• (1) The Home Repair Assistance Grant Regulations (Northern Ireland) 2003¹⁷⁶ are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “income support” insert—

• “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015¹⁷⁷;

• (3) In regulation 2(1) (applications for assistance) after “pension credit,” insert “universal credit”.

• (4) In paragraph 4 of Schedule 1 after “an income-based jobseeker’s allowance,” insert “universal credit,”.

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

48

• (1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004¹⁷⁸ are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 2(1) (interpretation)¹⁷⁹ after the definition of “training allowance” insert—

• “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;

and

• (3) For regulation 11(2) (the applicable amount)¹⁸⁰ substitute—

(2) For the purposes of paragraph (1), the weekly applicable amount as regards any of the persons listed in paragraph (3) is £1. (3) The persons are— (a) a relevant person who is in receipt of, and entitled to be in receipt of— (i) income support; (ii) income-based jobseeker’s allowance; or (iii) universal credit; (b) a relevant person who— (i) is in receipt of guarantee credit; or (ii) is a member of a couple, and the other member is in receipt of guarantee credit; (c) subject to paragraph (5), a relevant person who has a partner, where the partner is entitled to universal credit. (4) As regards any other relevant person, the weekly applicable amount is the amount determined in his case in accordance with regulation 15. (5) For the purposes of paragraph (3)(c) and regulation 12(2)(b), where the relevant person and partner of that person are parties to a polygamous marriage, the fact that they are partners is disregarded if— (a) one of them is a party to an earlier marriage that still subsists; and (b) the other party to that earlier marriage is living in the same househould.

• (4) In regulation 12 (financial resources)—

• (a) at the beginning insert “(1)”; and

• (b) at the end insert—

(2) Subject to regulation 11(5), where a relevant person in the case of the application— (a) is entitled to universal credit; or (b) is not entitled to universal credit but their partner is so entitled, then the income of that relevant person for the purposes of paragraph (1) shall be taken to be nil.

CHAPTER 6 — IMMIGRATION AND ASYLUM

Amendment of Asylum Support Regulations

49

In regulation 4(6)(a)(iv) of the Asylum Regulations 2000 (persons excluded from support)¹⁸¹ after the “Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Displaced Persons (Temporary Protection) Regulations

50

In regulation 14 of the Displaced Persons (Temporary Protection) Regulations 2005¹⁸² (housing: rent liability)—

• (a) in paragraph (a) from “regulation 10(1)(a) to the end substitute “regulation 13(1)(a) of the Housing Benefit Regulations (Northern Ireland) 2006, regulation 13(1)(a) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006”;

• (b) in paragraph (b) after “Universal Credit Regulations 2013” insert “or regulation 26(2) of, and paragraph 2 of Schedule 1 to, the Universal Credit Regulations (Northern Ireland) 2016”.

CHAPTER 7 — NATIONAL INSURANCE CONTRIBUTIONS AND CREDITS

Amendment of the Social Security (Credits) Regulations

51

• (1) The Social Security (Credits) Regulations (Northern Ireland) 1975¹⁸³ are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 2(1) (interpretation)—

• (a) before the definition of “the Act” insert—

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

• (b) for the definition of “contribution-based jobseeker’s allowance” substitute—

• “contribution-based jobseeker’s allowance” means an allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance, and a contribution-based allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

• (c) for the definition of “contributory employment and support allowance” substitute—

• “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12 to the 2015 Order that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

; and

• (d) after the definition of “relevant past year” insert—

• “universal credit” means universal credit under Part 2 of the 2015 Order;

• (3) In regulation 7 (credits for approved training)¹⁸⁴—

• (a) in paragraph (1) for “(2) and (3)” substitute “(2) to (4)”; and

• (b) after paragraph (3) insert—

(4) Paragraph (1) shall not apply to a person in respect of any week in any part of which that person was entitled to universal credit.

• (4) In regulation 8A (credits for unemployment)¹⁸⁵—

• (a) for paragraph (2)(b) substitute—

(b) a week for the whole of which the person in relation to old style JSA— (i) satisfied or was treated as having satisfied the conditions set out in Article 3(2)(a), (c) and (e) to (h) of the Jobseekers (Northern Ireland) Order 1995 (conditions for entitlement to a jobseeker’s allowance), and (ii) satisfied the further condition specified in paragraph (3) below; or (ba) a week for the whole of which the person in relation to new style JSA— (i) satisfied or was treated as having satisfied the conditions set out in Article 3(2)(e) to (h) of the Jobseekers (Northern Ireland) Order 1995 (conditions for entitlement to a jobseeker’s allowance), (ii) satisfied or was treated as having satisfied the work-related requirements under Article 8D and 8E of the Jobseekers (Northern Ireland) Order 1995 (work search and work availability requirements), and (iii) satisfied the further condition specified in paragraph (3) below; or

• (b) in paragraph (2)(c) after “sub-paragraph (b)” insert “or (ba)”;

• (c) in paragraph (3) after “paragraph (2)(b)” insert “and (ba)”;

• (d) in paragraph (3)(b) after “paragraph (2)(b)” insert “or the conditions and requirements in paragraph (2)(ba)”;

• (e) for paragraph (5)(c) and (5)(cc) substitute—

(c) a week in respect of which, in relation to the person concerned— (i) an old style JSA was reduced in accordance with Article 21 or 21A, or regulations made under Article 21B, of the Jobseekers (Northern Ireland) Order 1995; or (ii) a new style JSA was reduced in accordance with Article 8J or 8K of the Jobseekers (Northern Ireland) Order 1995; or

• (f) after paragraph (5)(dd) insert—

(de) a week where paragraph (2)(b), (ba) or (c) apply and the person concerned was entitled to universal credit for any part of that week; or

• (g) after paragraph (5) insert—

(6) In this regulation—— - “new style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance; - “old style JSA” means a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 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.

• (5) In regulation 8B (credits for incapacity for work or limited capability for work)¹⁸⁶—

• (a) in paragraph (2) after “paragraphs” insert “(2A),”;

• (b) after paragraph (2) insert—

(2A) This regulation shall not apply to a week where— (a) under paragraph (2)(a)(i) the person concerned was not entitled to incapacity benefit, severe disablement allowance or maternity allowance; (b) paragraph (2)(a)(ii) or (v) apply; or (c) under paragraph (2)(a)(iv) the person concerned was not entitled to an employment and support allowance by virtue of section 1(2)(a) of the Welfare Reform Act, and the person concerned was entitled to universal credit for any part of that week.

• (6) After regulation 8F (credits for the purposes of entitlement to contribution-based jobseeker’s allowance following official error) insert—

(8G) (1) For the purposes of entitlement to a benefit to which this regulation applies, a person shall be credited with a Class 3 contribution in respect of a week if that person is entitled to universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 for any part of that week. (2) This regulation applies to— (a) a Category A retirement pension; (b) a Category B retirement pension; (c) a widowed parent’s allowance; (d) a bereavement allowance.

Amendment of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations

52

In regulation 1(2) of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001¹⁸⁷ (interpretation)—

• (a) for the definition of “contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance” substitute—

• “contribution-based jobseeker’s allowance” means an allowance under the Jobseekers Order as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Order as that Order has effect apart from those provisions;

• (b) for the definition of “contributory employment and support allowance”¹⁸⁸ substitute—

• “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

; and

• (c) after the definition of “earnings factor”, insert—

• “income-based jobseeker’s allowance” has the same meaning as in the Order;

Amendment of the Transfer of State Pensions and Benefits Regulations

53

In regulation 1(2) of the Transfer of State Pensions and Benefits Regulations 2007 (interpretation)¹⁸⁹ in the definition of “relevant benefit”¹⁹⁰—

• (a) for paragraph (ca) substitute—

(ca) a jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 as amended by the provisions of Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers (Northern Ireland) Order 1995 as it has effect apart from those provisions;

• (b) for paragraph (da) substitute—

(da) employment and support allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions;

CHAPTER 8 — POLICE SERVICE of NORTHERN IRELAND

Amendment of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations

54

In paragraph 1(1) of Schedule 4 to the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006¹⁹¹ (reduction in child’s special allowance during full-time remunerated training etc) in the definition of “specified rate” from “applicable amount” to “1987” substitute “standard allowance included in an award of universal credit, for a single claimant aged under 25 years, as specified in regulation 38 of the Universal Credit Regulations (Northern Ireland) 2016¹⁹²”.

Amendment of the Police Pension Regulations

55

In regulation 39(9) of the Police Pension (Northern Ireland) Regulations 2009 (calculation of child survivors’ pensions)¹⁹³ in the definition of “specified rate” from “applicable amount” to “1987” substitute “standard allowance included in an award of universal credit, for a single claimant aged under 25 years, as specified in regulation 38 of the Universal Credit Regulations (Northern Ireland) 2016”.

CHAPTER 9 — TAX, CHILD BENEFIT, GUARDIAN’S ALLOWANCE AND TAX CREDITS

Amendment of the Tax Credits (Administrative Arrangements) Regulations

56

In regulation 5(6)(c) of the Tax Credits (Administrative Arrangements) Regulations 2002 (recording, verification and holding, and forwarding, of claims etc. received by relevant authorities)¹⁹⁴ after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendments of the Child Benefit and Guardian’s Allowance (Administration) Regulations

57

In regulation 19(1)(b)(v) of the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (persons who may elect to have child benefit paid weekly)¹⁹⁵ after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations

58

In regulation 5(8)(c) of the Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations 2003 (recording, verification and holding, and forwarding, of claims etc. received by relevant authorities)¹⁹⁶ after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

Amendment of the Income Tax (Pay As You Earn) Regulations

59

In regulation 148 of the Income Tax (Pay As You Earn) Regulations 2003 (interpretation of Chapters 1 and 2)¹⁹⁷ in the entry for “Chapter 2 claimant”, in paragraph (b)(ii) after “Jobseeker’s Allowance Regulations 2013” insert “or Jobseeker’s Allowance Regulations (Northern Ireland) 2016”.

Amendments to the Child Benefit (General) Regulations

60

In regulation 8(2)(f) of the Child Benefit (General) Regulations 2006 (child benefit not payable in respect of qualifying young person: other financial support)¹⁹⁸, after “Part 1 of the Welfare Reform Act 2012” insert “or Part 2 of the Welfare Reform (Northern Ireland) Order 2015”.

CHAPTER 10 — LEGAL AID

Amendments to the Civil Legal Services (Financial) Regulations

61

• (1) The Civil Legal Services (Financial) Regulations (Northern Ireland) 2015¹⁹⁹ are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 5(1)—

• (a) at the end of sub-paragraph (c) omit “or”;

• (b) at the end of sub-paragraph (d) insert “or”; and

• (c) after sub-paragraph (d) insert—

(e) or universal credit paid under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

• (3) In regulation 30—

• (a) in the heading after “income support” insert “or universal credit”; and

• (b) in paragraph (2) after “income support” insert “or universal credit”.

Signed

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

Freud — Minister of State, — Department for Work and Pensions — 6th June 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make consequential, supplementary, incidental and miscellaneous provision in relation to the provisions of Part 1 of the Welfare Reform (Northern Ireland) Order 2015 (S.I.2015/2006 (N.I. 1)) (“the Order”) that relate to the introduction of universal credit (“universal credit provisions”) and the abolition of income-related employment and support allowance and income-based jobseeker’s allowance.

As a result of this abolition, employment and support allowance will no longer consist of separate contributory and income-related allowances, but only of a contributory allowance to be known simply as “employment and support allowance”.

Also, jobseeker’s allowance will no longer consist of separate contribution-based and income-based allowances, but of a contribution-based allowance to be known as “jobseeker’s allowance”.

The universal credit provisions and the provisions abolishing income-related employment and support allowance and income-based jobseeker’s allowance are to be commenced in stages, such that for a period of time, the old forms of employment and support allowance and jobseeker’s allowance (“old style ESA” and “old style JSA”) will apply to some people and the new forms (“new style ESA” and “new style JSA”) to other people.

Part 2 of the Regulations amends provisions of primary legislation. The Part makes amendments to 12 pieces of enabling legislation, consequential on the coming into operation of Part 1 of the Welfare Reform (Northern Ireland) Order 2015.

The majority of the amendments made by these Regulations add a reference to universal credit to existing legislation. A few of the amendments insert a reference to particular elements of universal credit, for example the Income Tax (Earnings and Pensions) Act 2003 (c.1) is amended to refer to universal credit paid in respect of childcare costs (see section 12 of the Act). The amendments to the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990 are minor and consequential amendments.

Part 3 contains amendments only to secondary legislation.

Chapter 1 contains amendments relating to social security benefits.

The regulations in this Part insert references to universal credit where there are already references to other income-related benefits. They also provide for definitions of “contributory employment and support allowance” and “contribution-based jobseeker’s allowance” that include both the old style ESA and JSA contributory allowances and the new style contributory-only ESA and JSA allowances.

Regulation 26 amends the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459). In addition to the changes as referred to above it provides that –

Regulations 28, 31, 34, 35 and 36 make similar provision in relation to Jobseeker’s Allowance, State Pension Credit, Housing Benefit and Employment and Support Allowance.

Chapter 2 contains amendments to secondary legislation relating to child support.

Regulation 38 amends the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (S.R.1992 No. 340) which relates to maintenance assessments under the “old scheme”, under the Child Support (Northern Ireland) Order 1991 as it has effect apart from section 1 of the Child Support, Pensions and Social Security (Northern Ireland) Act 2000. The amendment provides that, where a parent with care or absent parent is awarded universal credit on the basis that they have no earned income, as defined in the universal credit Regulations (Northern Ireland) 201, they will be treated as having “no assessable income” for the purposes of a maintenance assessment.

Regulations 40 and 41 amend the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2000/155) and Child Support Maintenance Calculation Regulations 2012 S.I. 2012/2677) which relate to the “current scheme” and the “future scheme” respectively under the Child Support (Northern Ireland) order 1991 as it has effect as amended by section 1 of the Child Support, Pensions and Social Security (Northern Ireland) Act 2000. The amendments provide that, where a non-resident parent or their partner is awarded universal credit on the basis that the non-resident parent has no “earned income”, then they will be liable to pay the flat rate of maintenance unless the conditions for payment of the nil rate of maintenance apply. They also provide that the latter conditions include a reference to the situation where a non-resident parent or their partner is awarded universal credit on the above basis.

Chapters 3 to 9 contains amendments to secondary legislation relating to other legal regimes. Again, these Chapters insert references to universal credit where there are already references to other income-related benefits and provide for definitions of “contributory employment and support allowance” and “contribution-based jobseeker’s allowance” that include both the old style ESA and JSA contributory allowances and the new style contributory-only ESA and JSA allowances.

Regulation 43 amends the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (S.R. 1996 No. 459) and provides for the recoupment of an award of universal credit where the award was paid for a period in respect of which an employment tribunal has made an order, where the award would not have been paid if the person’s earnings had not been reduced or stopped.

Regulation 48 amends the Housing Renewal Grants (Reduction of Grants) Regulations Northern Ireland 2004 (S.R. 2004 No. 8) to provide that, in relation to a “relevant person” with respect to whom an application for a housing renewal grant is made, where the person or their partner (excluding a partner to a polygamous marriage that is not the earliest marriage with respect to partners living in one household) is entitled to universal credit, then they are to be regarded as having no income, and as having an “applicable amount” of £1, with the result that there will be no reduction in grant with respect to that person

Regulation 51 amends the Social Security (Credits) Regulations (Northern Ireland) 1975 (S.R. 1995 No.113) and provides that a person entitled to universal credit will be credited with a class 3 national insurance contribution.

An assessment has been made of the impact of universal credit. Copies of the Impact Assessment may be obtained from the Better Regulation Unit of the Department for Work and Pensions, 2D Caxton House, Tothill Street, London SW1 9NA. it is available alongside this instrument and the Explanatory Memorandum on www.legislation.gov.uk.

Footnotes