LegalizeThe Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016
Termination of welfare supplementary payment on death of caree
Persons to whom welfare supplementary payments may be made
22A
- (1) A welfare supplementary payment to which a person is entitled under these Regulations must be paid to the person, but this is subject to paragraph (2).
- (2) Payment may be made to a person appointed under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987.
Effect of sanctions
22B
For the avoidance of doubt, where a person is subject to a benefit sanction (for example for failure to take part in a work-focused interview), the effect of the sanction is to be disregarded in calculating the amount of welfare supplementary payment payable.
Change in the amount of welfare supplementary payment after person forms a couple
22C
- (1) This regulation applies where a person (A) who is entitled to welfare supplementary payment under Part 2 or 4 forms a couple with another person (B).
- (2) The amount of welfare supplementary payment to which A is entitled will change if case 1 or case 2 applies, otherwise it will not change solely as a consequence of A forming a couple with B.
- (3) Case 1 applies if—
- (a) at the time when A forms a couple with B, B is entitled to welfare supplementary payment under Part 3 or 5, and
- (b) either A or B are or become entitled to an income-related benefit.
- (4) Case 2 applies if B is or becomes entitled to an income-related benefit.
- (5) Where case 1 or 2 applies, the amount of welfare supplementary payment to which A is entitled is reduced to the amount of welfare supplementary payment to which A would have been entitled under Part 3 if A had satisfied the conditions for payment on loss of carer premium on transition from disability living allowance to personal independence payment.
- (6) In this regulation “income-related benefit” means—
- (a) income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995,
- (b) income-related employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007,
- (c) income support under section 122 of the Contributions and Benefits Act,
- (d) state pension credit under the State Pension Credit Act (Northern Ireland) 2002.
Welfare supplementary payment (under Part 3 or 5) where a couple separates
22D
- (1) This regulation applies where—
- (a) A and B were a couple,
- (b) on or after 20 July 2016, A and B ceased to be a couple, and
- (c) immediately before that, A was entitled to welfare supplementary payment under regulation 8 or regulation 16.
- (2) After they cease to be a couple, only the person by virtue of whom—
- (a) the carer premium entitlement condition was satisfied under regulation 8, or
- (b) the additional amount (carer) entitlement condition was satisfied under regulation 16,
as the case may be, is entitled to welfare supplementary payment (under the Part to which A was originally entitled to welfare supplementary payment).
Information sharing
22E
- (1) The Department may supply to the Commissioners for Her Majesty’s Revenue and Customs such information as they may require for the purposes of HMRC functions.
- (2) Information supplied under this regulation must not be supplied by the recipient of the information to any other person or body without the authority of the Department.
- (3) Where information supplied under this regulation has been used for the purposes for which it was supplied, it is lawful for it to be used for any purposes for which information held for those purposes could reasonably be used.
- (4) This regulation does not limit the circumstances in which information may be supplied apart from this regulation.
- (5) In this regulation “HMRC functions” means any function—
- (a) for which the Commissioners for Her Majesty’s Revenue and Customs are responsible by virtue of section 5 of the Commissioners for Revenue and Customs Act 2005, or
- (b) which relates to a matter listed in Schedule 1 to that Act.
Review
Disregards
Residency and presence in Northern Ireland
Temporary absence from Northern Ireland
Temporary absence from Northern Ireland to receive medical treatment
Care home residents
Hospital in-patients
Prisoners
Exceptions: care homes, hospitals and prisons
Change of circumstances: residency, care home, hospital, prison
32
- (1) This regulation applies where there is a change of circumstances of a kind set out in regulations 25 to 30 which affects a person’s entitlement to welfare supplementary payment.
- (2) Where it is reasonable to expect the person to do so, the person must inform the Department of this change of circumstances.
- (3) For the purposes of calculating the person’s entitlement to welfare supplementary payment, the date to be used is the date on which the change of circumstances takes effect.
Welfare supplementary payment and universal credit
3A
- (1) If a person who is entitled to welfare supplementary payment under regulation 3(2) is or becomes entitled to universal credit, the person continues to be entitled to welfare supplementary payment.
- (2) Where the person becomes entitled to universal credit as a member of a couple who are entitled to the award as joint claimants, the couple are entitled to the welfare supplementary payment under paragraph (1); and references to a person’s entitlement to welfare supplementary payment are to be construed accordingly.
Amount (non-universal credit cases)
Amount (universal credit cases)
5AA
- (1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3A.
- (2) In the case of a person who becomes entitled to universal credit after the coming into operation of the 2025 Regulations, the amount of welfare supplementary payment payable is whichever is the lesser of-
- (a) the amount for the time being specified as the carer element in the table in regulation 38 of the Universal Credit Regulations; or
- (b) the amount of welfare supplementary payment which was payable under this Part immediately before the person became entitled to universal credit.
- (3) If the amount of welfare supplementary payment changes under paragraph (2) when the person becomes entitled to universal credit, the changed amount begins to be payable on the date on which the person becomes so entitled.
- (4) In the case of a person who became entitled to universal credit before the coming into operation of the 2025 Regulations, the amount of welfare supplementary payment payable is whichever is the lesser of-
- (a) the amount for the time being specified as the carer element in the table in regulation 38 of the Universal Credit Regulations; or
- (b) the amount of welfare supplementary payment to which the person was entitled under this Part immediately before the coming into operation of the 2025 Regulations.
- (5) Where the amount of welfare supplementary payment payable is calculated in accordance with paragraphs (2)(a) or (4)(a) the amount payable for each period referred to in regulation 6(1) is (subject to any arrangements made under that provision) calculated as follows, with A being the amount of welfare supplementary payment payable—
$A×12365×28.$
- (6) Where the amount of welfare supplementary payment would, but for this paragraph, include a fraction of a penny, that fraction is to be disregarded if it is less than half a penny and otherwise it is to be treated as a penny.
Change in the amount of contributory benefit
Period of payment
Termination of payment on award of carer's allowance
Amount (non-universal credit cases)
Amount (universal credit cases)
9A
- (1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3A.
- (2) The amount of welfare supplementary payment payable is equal to the amount which was payable immediately before the person became entitled to universal credit.
Period of payment
Termination of payment on award of carer premium
Amount (non-universal credit cases)
Amount (universal credit cases)
13A
- (1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3A.
- (2) In the case of a person who becomes entitled to universal credit after the coming into operation of the 2025 Regulations, the amount of welfare supplementary payment payable is whichever is the lesser of—
- (a) the amount for the time being specified as the carer element in the table in regulation 38 of the Universal Credit Regulations; or
- (b) the amount of welfare supplementary payment which was payable under this Part immediately before the person became entitled to universal credit.
- (3) If the amount of welfare supplementary payment changes under paragraph (2) when the person becomes entitled to universal credit, the changed amount begins to be payable on the date on which the person becomes so entitled.
- (4) In the case of a person who became entitled to universal credit before the coming into operation of the 2025 Regulations, the amount of welfare supplementary payment payable is whichever is the lesser of—
- (a) the amount for the time being specified as the carer element in the table in regulation 38 of the Universal Credit Regulations; or
- (b) the amount of welfare supplementary payment to which the person was entitled under this Part immediately before the coming into operation of the 2025 Regulations.
Period of payment
Termination of payment on award of income support
Amount (non-universal credit cases)
Amount (universal credit cases)
17A
- (1) This regulation applies where a person is entitled to welfare supplementary payment by virtue of regulation 3A.
- (2) The amount of welfare supplementary payment payable is equal to the amount which was payable immediately before the person became entitled to universal credit.
Period of payment
Termination of payment on award of additional amount (carer)
Termination of welfare supplementary payment on award of universal credit (carer element)
21AA
- (1) This regulation applies where a person who is entitled to a welfare supplementary payment under these Regulations becomes entitled to an award of universal credit which includes the carer’s element in respect of that person only.
- (2) Welfare supplementary payment must cease to be paid from the date on which the person becomes entitled to that award of universal credit.
Couples: termination of welfare supplementary payment on death of carer
Termination of welfare supplementary payment on death of caree
Persons to whom welfare supplementary payments may be made
Effect of sanctions
Change in the amount of welfare supplementary payment after person forms a couple
Welfare supplementary payment (under Part 3 or 5) where a couple separates
Information sharing
Review
Disregards
Residency and presence in Northern Ireland
Temporary absence from Northern Ireland
Temporary absence from Northern Ireland to receive medical treatment
Care home residents
Hospital in-patients
Prisoners
Exceptions: care homes, hospitals and prisons
Change of circumstances: residency, care home, hospital, prison
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