The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017

Sanctions: transition from old style JSA in case of a continuing award

19

• (1) This Article applies where—

• (a) the amending provisions have come into force under Article 6(1) in relation to the case of a claim for universal credit referred to in Article 6(2) (and any award that is made in respect of the claim);

• (b) the person in question had an old style JSA award immediately before the appointed day which consisted of or included a contribution-based allowance (which allowance therefore continues as a new style JSA award);

• (c) immediately before the appointed day, payments under that award were reduced under Article 21 (as it applied both before and after substitution by the 2015 Order) (before substitution: circumstances in which a jobseeker’s allowance is not payable; after substitution: higher-level sanctions) or 21A (other sanctions) of the 1995 Order, or under regulation 69B of the JSA Regulations 1996) (the period of a reduction under section 19B: Claimants ceasing to be available for employment etc.); and

• (d) if the old style JSA award was made to a joint-claim couple within the meaning of the 1995 Order and the reduction related to—

• (i) in the case of a reduction under Article 21 as it applied before substitution by the 2015 Order, circumstances relating to only one member of the couple; or

• (ii) in the case of a reduction under Article 21 as it applied after substitution by the 2015 Order, a sanctionable failure by only one member of the couple,

the new style JSA award was made to that member of the couple.

• (2) Where this Article applies—

• (a) the circumstances or failure which led to reduction of the old style JSA award (in either case “the relevant failure”) is to be treated, for the purposes of the JSA Regulations 2016, as—

• (i) a failure which is sanctionable under Article 8J of the 1995 Order (higher-level sanctions), where the reduction was under Article 21 of the 1995 Order; or

• (ii) a failure which is sanctionable under Article 8K of the 1995 Order (other sanctions), where the reduction was under Article 21A of the 1995 Order or regulation 69B of the JSA Regulations 1996;

• (b) the award (in its continuation as a new style JSA award) is to be reduced in relation to the relevant failure, in accordance with the provisions of this Article and Part 3 of the JSA Regulations 2016 (sanctions), as modified by this Article; and

• (c) the reduction is to be treated, for the purposes of the JSA Regulations 2016, as a reduction under Article 8J or, as the case may be, Article 8K of the 1995 Order.

• (3) The reduction period for the purposes of the JSA Regulations 2016 is to be the number of days which is equivalent to the length of the period of reduction of a jobseeker’s allowance which is applicable to the person under regulation 69, 69A or 69B of the JSA Regulations 1996, minus the number of days (if any) in that period in respect of which the amount of a jobseeker’s allowance was reduced.

• (4) Accordingly, regulation 19 of the JSA Regulations 2016 (general principles for calculating reduction periods) applies in relation to the relevant failure as if—

• (a) in paragraph (1), for the words “in accordance with regulations 20, 21 and 22”, there were substituted the words “in accordance with Article 19 of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017”; and

• (b) in paragraph (3), for the words “in accordance with regulations 20, 21 and 22”, there were substituted the words “in accordance with Article 19 of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017”.

Escalation of sanctions: transition from old style JSA

20

• (1) This Article applies where a person is entitled to a new style JSA award and, at any time previously, the person was entitled to an old style JSA award.

• (2) Where this Article applies, for the purposes of determining the applicable reduction period under regulation 20 (higher-level sanction), 21 (medium level sanction) or 22 (low-level sanction) of the JSA Regulations 2016 in relation to a sanctionable failure by the person other than a failure which is treated as sanctionable by virtue of Article 18 or 19—

• (a) a reduction of a new style JSA award in accordance with Article 18 or 19; and

• (b) a reduction of an old style JSA award under Article 21 (as it applied both before and after substitution by the 2015 Order) or 21A of the 1995 Order, or under regulation 69B of the JSA Regulations, which did not result in a reduction under Article 18 or 19,

is, subject to paragraph (3), to be treated as arising from a sanctionable failure for which the reduction period is the number of days which is equivalent to the length of the period which applied under regulation 69, 69A or 69B of the JSA Regulations 1996.

• (3) In determining a reduction period under regulation 20 (higher-level sanction), 21 (medium-level sanction) or 22 (low-level sanction) of the JSA Regulations 2016 in accordance with paragraph (2), no account is to be taken of—

• (a) a reduction of a new style JSA award in accordance with Article 18 or 19 if, at any time after that reduction, the person was entitled to an old style JSA award, an old style ESA award or income support;

• (b) a reduction of an old style JSA award under Article 21 (as it applied both before and after substitution by the 2015 Order) or 21A of the 1995 Order, or under regulation 69B of the JSA Regulations 1996, if, at any time after that reduction, the person was entitled to universal credit, a new style JSA award or a new style ESA award, and was subsequently entitled to an old style JSA award, an old style ESA award or income support.

Termination of sanctions under a new style ESA or JSA award

21

• (1) Paragraph (2) applies where a new style ESA award or new style JSA award terminates while there is an outstanding reduction period (within the meaning of regulation 55 of the ESA Regulations 2016 (reduction period to continue where award of employment and support allowance terminates) or regulation 24 of the JSA Regulations 2016 (reduction period to continue where award of jobseeker’s allowance terminates)) and the claimant becomes entitled to an old style ESA award, an old style JSA award or income support during that period.

• (2) Where this paragraph applies—

• (a) regulation 55 of the ESA Regulations 2016 or regulation 24 of the JSA Regulations 2016, as the case may be, are to cease to apply; and

• (b) the reduction period is to terminate on the first day of entitlement to an old style ESA award, old style JSA award or income support as the case may be.

Transitory provisions: appeals

22

• (1) Paragraph (2) applies where—

• (a) the amending provisions have come into force under Article 6(1) in relation to the case of a claim referred to in Article 6(2) (and any award that is made in respect of the claim);

• (b) the person is sent notice of a decision relating to a new style ESA award or a new style JSA award; and

• (c) the date of notification with respect to that decision is before 26th March 2018.

• (2) Where this paragraph applies, the provisions mentioned in paragraph (3) apply for the purposes of any appeal in relation to that decision as if regulation 54 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016 (consequential amendments)³⁵ did not apply in that person’s case.

• (3) The provisions referred to are the following provisions of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999³⁶—

• (a) regulation 32 (late appeals);

• (b) regulation 33 (making of appeals and application); and

• (c) regulation 34 (death of a party to an appeal).

• (4) For the purposes of paragraph (1), “the date of notification” means the date on which the decision notice was posted to the person’s last known address by the Department.

Transitional provision: references to contributory employment and support allowance and contribution-based jobseeker’s allowance

23

Where the amending provisions have come into force under Article 6(1) in relation to the case of a claim referred to in Article 6(2) (and any award that is made in respect of the claim), then, in relation to such a case, any reference in the Social Security Administration (Northern Ireland) Act 1992³⁷ or the Social Security Contributions and Benefits (Northern Ireland) Act 1992³⁸ to—

• (a) a contributory employment and support allowance is to be read as if it included a reference to a new style ESA award; and

• (b) a contribution-based jobseeker’s allowance is to be read as if it included a reference to a new style JSA award.

Transitional provision: claims for housing benefit, income support or a tax credit

24

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

Appeals relating to old style ESA and old style JSA

25

• (1) This article applies where, after an award of universal credit has been made to a claimant (where that award is made by virtue of the coming into force of the provisions of the 2015 Order referred to in Schedule 1, under any secondary legislation)—

• (a) an appeal against a decision relating to the entitlement of the claimant to an old style ESA award or an old style JSA award is finally determined; or

• (b) a decision relating to the claimant’s entitlement to such an award is revised under Article 10 of the 1998 Order or superseded under Article 11 of that Order.

• (2) Where this article applies, the Department is to consider whether it is appropriate to revise under Article 10 of the 1998 Order the decision in relation to entitlement to universal credit or, if that decision has been superseded under Article 11 of that Order, the decision as so superseded (in either case, “the UC decision”).

• (3) Where it appears to the Department to be appropriate to revise the UC decision, it is to be revised in such manner as appears to the Department to be necessary to take account of—

• (a) the decision of the Appeal Tribunal, Commissioner or court, or, as the case may be, the decision relating to entitlement to an old style ESA award or an old style JSA award, as revised or superseded; and

• (b) any finding of fact by the Appeal Tribunal, Commissioner or court.

• (4) For the purposes of this Article, “secondary legislation” means an instrument made under an Act or Order in Council.

SCHEDULE 1 — UNIVERSAL CREDIT PROVISIONS COMING INTO OPERATION IN RELATION TO CERTAIN CLAIMS AND AWARDS

1

Article 6 (universal credit).

2

Article 7 (claims).

3

Article 8 (entitlement).

4

Article 9 (basic conditions).

5

Article 10 (financial conditions).

6

Article 11 (restrictions on entitlement).

7

Article 12 (basis of awards).

8

Article 13 (calculation of awards).

9

Article 14 (standard allowance).

10

Article 15 (responsibility for children and young persons).

11

Article 16 (housing costs).

12

Article 17 (other particular needs or circumstances).

13

Article 18 (work-related requirements: introductory).

14

Article 19 (claimant commitment).

15

Article 20 (work-focused interview requirement).

16

Article 21 (work preparation requirement).

17

Article 22 (work search requirement).

18

Article 23 (work availability requirement).

19

Article 24 (claimants subject to no work-related requirements).

20

Article 25 (claimants subject to work-focused interview requirement only.

21

Article 26 (claimants subject to work preparation requirement).

22

Article 27 (claimants subject to all work-related requirement).

23

Article 28 (connected requirements).

24

Article 29 (imposition of requirements).

25

Article 31 (higher-level sanctions).

26

Article 32 (other sanctions).

SCHEDULE 2 — COMMENCEMENT OF REPEALS IN PART 1 OF SCHEDULE 12 TO THE 2015 ORDER

In Article 2(2)

• (a) in the definition of “claimant”, the words from “except” to the end;

• (b) the definitions of “contribution-based jobseeker’s allowance”, “income-based jobseeker’s allowance, “income-related employment and support allowance”, joint-claim couple”, “joint-claim jobseeker’s allowance” and “the nominated member”.

In Schedule 8, paragraph 27(2).

Section 1B(2).

In section 2, in the heading, “contributory”.

In section 3, in the heading, “contributory”.

Sections 4 to 6.

Section 23.

In section 24(1), the definitions of “contributory allowance” and “income-related allowance”.

In section 26(3)(a), “or 4(4)(c) or (5)(c)”.

Section 27(3)

In Schedule 1—

• (a) the heading to Part 1;

• (b) Part 2.

In Schedule 2—

• (a) in the headings to paragraphs 6 and 7, “Contributory allowance:”;

• (b) paragraph 8;

• (c) paragraph 11(b) and (c);

• (d) paragraph 12.

In Article 38—

• (a) in paragraphs (1) and (2), “contribution-based”;

• (b) paragraph (4).

In Schedule 1—

• (a) in paragraph 6(1), “contribution-based”;

• (b) paragraphs 8 and 8A;

• (c) paragraphs 9 to 10;

• (d) in paragraph 11(1), “contribution-based”;

• (e) in paragraph 16(1) and (2)(d), “contribution-based”;

• (f) paragraph 18(b) and (c).

SCHEDULE 3 — MODIFICATIONS OF THE 2010 TRANSITIONAL REGULATIONS

1

The 2010 Transitional Regulations are to be read as if the amendments set out in this Schedule were made.

2

In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) after the definition of “the Claims and Payments Regulations” insert—

• “the Claims and Payments Regulations 2016” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016³⁹;

• (ii) after the definition of “conversion decision” insert—

• “the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016⁴⁰;

• (iii) after the definition of “the Employment and Support Allowance Regulations” insert—

• “the Employment and Support Allowance Regulations 2016” means the Employment and Support Allowance Regulations (Northern Ireland) 2016⁴¹;

• (iv) omit the definition of “income-related allowance”;

• (v) omit paragraph (a) of the definition of “relevant deduction”;

• (vi) in the definition of “benefit week”, for “the Employment and Support Allowance Regulations” substitute “the Employment and Support Allowance Regulations 2016”.

• (b) in paragraph (3), omit “or awards”.

3

In regulation 4 (the notice commencing the conversion phase), omit paragraph (6).

4

In regulation 5 (deciding whether an existing award qualifies for conversion)—

• (a) in paragraph (1), omit “or awards”;

• (b) in paragraph (2)(a), for “or awards qualify” substitute “qualifies”;

• (c) in paragraph (2)(b), for “or awards do” substitute “does”;

• (d) in paragraph (6)(b,) omit “or awards”.

5

In regulation 6(2) (application of certain statutory provisions for purpose of making conversion decisions), for sub-paragraphs (c), (d) and (e) substitute—

(c) the Decision and Appeals Regulations; (d) the Employment and Support Allowance Regulations 2016; (e) regulation 37(2) and (3) of the Claims and Payments Regulations 2016 (evidence and information in connection with an award).

6

In regulation 7 (qualifying for conversion)⁴²—

• (a) in paragraph (1)—

• (i) omit “or awards”;

• (ii) for “qualify” substitute “qualifies”;

• (b) in paragraphs (2)(b) and (3)(b), for “regulation 30 of the Employment and Support Allowance Regulations” substitute “regulation 26 of the Employment and Support Allowance Regulations 2016”.

7

In regulation 8(1) (amount of an employment and support allowance on conversion)⁴³, after “the Employment and Support Allowance Regulations” insert “2016”.

8

In regulation 9(1) (determining entitlement to a transitional addition)—

• (a) for “or awards qualify” substitute “qualifies”;

• (b) omit “or 11(2)”.

9

In regulation 10 (transitional addition: incapacity benefit or severe disablement allowance)—

• (a) in paragraph (1), omit “and for the purpose of this regulation it is irrelevant whether the person is also entitled to any existing award of income support”;

• (b) in paragraph (4)(a), for “regulation 67(2) of the Employment and Support Allowance Regulations (prescribed amounts for purpose of calculating a contributory allowance)” substitute “regulation 62(1) of the Employment and Support Allowance Regulations 2016 (prescribed amounts)”.

10

Omit regulation 11 (transitional addition: income support).

11

In regulation 12 (regulations 10 and 11: supplementary)—

• (a) in the title, for “Regulations 10 and 11” substitute “Regulation 10”;

• (b) in paragraph (1), for “regulations 10 and 11” substitute “regulation 10”;

• (c) in paragraph (2), for “Amounts A and C are” substitute “Amount A is” and for “Amounts B and D are” substitute “Amount B is”;

• (d) for paragraph (3)(a) substitute—

(a) by virtue of an order made under section 132 of the Administration Act (annual up-rating of benefits), there is an increase in the weekly rate which, in accordance with regulation 10(3) (transitional addition: incapacity benefit or severe disablement allowance), is to be used to calculate Amount A; and

• (e) in paragraph (4)(a), for “paragraph (3)(a)(i) or (ii)” substitute “paragraph (3)(a)”;

• (f) in paragraphs (3) and (4), omit “or C” and “or applicable amount, as the case may be,”.

12

In regulation 13(3) (the effective date of a conversion decision), omit “or awards”.

13

In regulation 14 (conversion decision that existing award qualifies for conversion)⁴⁴—

• (a) in paragraph (1)—

• (i) for “Subject to paragraph (2A), paragraphs (2) to (6)” substitute “Paragraphs (2) to (5)”;

• (ii) for “or awards qualify” substitute “qualifies”;

• (b) for paragraph (2) substitute—

(2) On the effective date of the conversion decision P’s existing award is by virtue of this paragraph converted into, and shall have effect on and after that date as, a single award of an employment and support allowance of such amount as is specified in the conversion decision.

• (c) omit paragraphs (2A), (2B) and (6);

• (d) in paragraph (4), omit “or awards”;

• (e) for paragraph (7) substitute—

(7) In this regulation paragraphs (2) to (5) are subject to regulation 17 (changes of circumstances before the effective date).

14

In regulation 15 (conversion decision that existing award does not qualify for conversion)⁴⁵—

• (a) in paragraph (1)—

• (i) for “Subject to paragraphs (2A) and (4), paragraphs (2), (3) and (6)” substitute “Subject to paragraph (4), paragraphs (2) and (3);

• (ii) for “or awards do” substitute “does”;

• (b) for paragraph (2) substitute—

(2) P’s entitlement to an existing award of incapacity benefit or severe disablement allowance shall terminate by virtue of this paragraph immediately before the effective date of P’s conversion decision.

• (c) omit paragraphs (2A), (2B) and (6);

• (d) in paragraph (4)(a)—

• (i) for “the Employment and Support Allowance Regulations” substitute “the Employment and Support Allowance Regulations 2016”;

• (ii) in paragraph (i), for “regulation 22(1)” substitute “regulation 18(1)”;

• (iii) in paragraph (ii) ,for “regulation 23(2) (failure to attend for a medical examination to determine whether the claimant has limited capability for work)” substitute “regulation 19(2) (claimant may be called for a medical examination to determine whether the claimant has limited capability for work)”;

• (e) in paragraph (5)—

• (i) in sub-paragraph (c), omit “or awards”;

• (ii) in sub-paragraph (d), omit “or those existing awards”;

• (f) for paragraph (7) substitute—

(7) In this regulation paragraphs (2) and (3) are subject to regulation 17 (changes of circumstances before the effective date).

15

In regulation 16 (application of other statutory provisions applying to employment and support allowance)⁴⁶—

• (a) in paragraph (1A)(b), for “regulation 145(1) of the 2008 Regulations” substitute “regulation 86 of the Employment and Support Allowance Regulations 2016”;

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

(e) the Employment and Support Allowance Regulations 2016;

16

In regulation 17 (changes of circumstances before the effective date)⁴⁷—

• (a) omit “or awards” in both places it occurs;

• (b) in paragraph (a)(ii)—

• (i) omit “regulation 14(2B)(a) (termination of an existing award of incapacity benefit or severe disablement allowance where entitlement to award of income support continues),”;

• (ii) for “(termination of existing awards which do not qualify for conversion)” substitute “(termination of an existing award which does not qualify for conversion)”;

• (c) omit paragraph (ab).

17

In regulation 18 (reducing the transitional addition: general rule), for paragraph (2) substitute—

(2) For the purposes of paragraph (1), a relevant increase is an increase in any amount applicable to the person under regulation 62(1) or (2) of the Employment and Support Allowance Regulations 2016, which is not excluded by paragraph (3).

18

In regulation 21 (termination of transitional addition)⁴⁸—

• (a) in paragraph (1)(b)—

• (i) for “ , (3A) and (4)” substitute “ and (3A)” ;

• (ii) omit “an employment and support allowance which arises from section 1(2)(a) or (b) of the Act, or to” and “or to an income-related allowance”;

• (b) omit paragraph (4);

• (c) in paragraph (5)(a), for “regulation 145(1) of the Employment and Support Allowance Regulations (linking rules)” substitute “regulation 86 of the Employment and Support Allowance Regulations 2016 (linking period)”;

• (d) in paragraph (5)(c)(ii), for “regulation 30 of those Regulations” substitute “regulation 26 of those Regulations”;

• (e) in paragraph (5A)(c), for “regulation 145(1) of the Employment and Support Allowance Regulations (linking rules)” substitute “regulation 86 of the Employment and Support Allowance Regulations 2016 (linking period)”;

• (f) omit paragraph (6);

• (g) in paragraph (7)—

• (i) for “, 1A and 2” substitute “and 1A”;

• (ii) omit “or additions, as the case may be,” in both places where it occurs;

• (iii) for “an allowance which is referred to in paragraph (1)(b)” substitute “a contributory allowance”.

19

In regulation 22 (disapplication of certain enactments following conversion decision), omit paragraphs (c) and (d).

20

In Schedule 1 (modification of statutory provisions: making conversion decisions)—

• (a) in paragraph 1—

• (i) in sub-paragraph (b)(i), for the modified section 1(2) substitute⁴⁹—

(2) Subject to the provisions of this Part, a notified person is entitled to an employment and support allowance if the person satisfies the basic conditions and is entitled to an existing award of incapacity benefit or severe disablement allowance.

• (ii) for sub-paragraph (e) substitute—

(e) Schedule 1 to the 2007 Act is to be read as if paragraphs 1 to 6 were omitted.

• (b) in the heading to Part 2, after “the Employment and Support Allowance Regulations” insert “2016”;

• (c) in paragraph 2—

• (i) in the introductory words, after “Regulations” insert “2016”;

• (ii) in sub-paragraph (c), for “regulation 30” substitute “regulation 26”;

• (iii) omit sub-paragraph (ca)⁵⁰;

• (iv) in sub-paragraph (d), for “regulation 75” substitute “regulation 68”;

• (v) in sub-paragraph (e), for “regulation 144” substitute “regulation 85”;

• (d) in the sub-heading to Part 3, after “Regulations” insert “2016”;

• (e) in paragraph 3—

• (i) for “Regulation 32 of the Claims and Payments Regulations” substitute “Regulation 37 of the Claims and Payments Regulations 2016”;

• (ii) in sub-paragraph (a), for “paragraph (1)” substitute “paragraph (2)”;

• (iii) in sub-paragraph (b), for “paragraph (1A)” substitute “paragraph (3)”.

21

• (1) The following amendments to Schedule 2 (modification of enactments: after the conversion phase).

• (2) In paragraph 1—

• (a) in sub-paragraph (b)(i) in the modified section 1(2)—

• (i) in paragraph (a), for “or awards into a single award of employment and support allowance” substitute “into an award of an employment and support allowance; and”;

• (ii) at the end of paragraph (b), for “; and” substitute “,”;

• (iii) omit paragraph (c);

• (iv) in sub-paragraph (b)(ii) in the modified section 1(7)—

• (aa) for the definition of “contributory allowance” substitute—

• “employment and support allowance” means an employment and support allowance to which a person is entitled by virtue of the Existing Awards Regulations which was based on an award of incapacity benefit or severe disablement allowance to which the person was entitled.

• (bb) omit the definition of “income-related allowance”;

• (v) in sub-paragraph (ba)—

• (aa) in sub-paragraph (i), omit “contributory”; and

• (bb) in sub-paragraph (ii) in the substituted section 1A—

• (cc) in paragraphs (1) and (3) to (5), for “a contributory allowance” substitute “an employment and support allowance”; and

• (dd) in paragraph (3), omit “Part 1 of”;

• (vi) in sub-paragraph (c)(ii), for “regulation 147A of the Employment and Support Allowance Regulations” substitute “regulation 87 of the Employment and Support Allowance Regulations 2016”;

• (vii) omit sub-paragraphs (d) and (f).

• (3) In the heading to Part 2, after “Regulations” insert “2016”;

• (4) In paragraph 4—

• (a) after “Regulations” insert “2016”;

• (b) in sub-paragraph (b), for “regulation 147A of those Regulations” substitute “regulation 87 of those Regulations”;

• (c) in sub-paragraph (c), for “regulation 30” substitute “regulation 26”;

• (d) for sub-paragraph (e) substitute—

(e) regulation 39 (exempt work) is to be read as if, in the definition of “work period” in paragraph (6), after “referred to in paragraph (1)(c)”, in both places where it occurs, there were inserted “, or any work done in accordance with regulation 17(4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995⁵¹”;

• (e) for sub-paragraph (f) substitute—

(f) Regulation 67 (prescribed amounts) is to be read as if, in paragraph (1), for sub-paragraphs (a) and (b) there were substituted— (a) (i) where the claimant satisfies the conditions set out in section 2(2) or (3) of the Act, £73.10; or (ii) where the claimant does not satisfy the conditions set out in section 2(2) or (3) of the Act— (aa) where the claimant is aged not less than 25, £73.10; or (bb) where the claimant is aged less than 25, £57.90; and (b) the amount of any transitional addition to which the person is entitled under regulation 10 of the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010.

• (f) omit sub-paragraph (g);

• (g) in sub-paragraph (h), for “regulation 75” substitute “regulation 68”;

• (h) in sub-paragraph (i)—

• (i) in the introductory words, for “regulation 147A” substitute “regulation 87”;

• (ii) in the inserted regulation—

• (aa) in the description of the number of the regulation, for “147A.—” substitute “87.—”;

• (bb) in paragraph (2), for “regulation 19” substitute “regulation 15”;

• (cc) in paragraph (4)(a), for “regulation 22 or 23” substitute “regulation 18 or 19”;

• (dd) for “regulation 30”, in all places where it occurs, substitute “regulation 26”;

• (ee) in paragraph (5)(c), for the words from “, struck out” to “(making of appeals and application)” substitute “or struck out”;

• (ff) in paragraph (6), for “either—” and sub-paragraphs (a) and (b) substitute “receives the Appeal Tribunal’s notification that the appeal is dismissed, withdrawn or struck out.”;

• (i) omit sub-paragraph (j).

• (5) In paragraph 5—

• (a) in the introductory words, after “Regulations” insert “2016”;

• (b) for sub-paragraph (b) substitute—

(b) Regulation 6 (claims not required for entitlement to an employment and support allowance in certain areas) is to read as if after paragraph (1) there were inserted— (1A) It is also not to be a condition of entitlement to an employment and support allowance that a claim be made for it where any of the following conditions are met— (a) the claimant— (i) has made and is pursuing an appeal against a conversion decision made by virtue of the Existing Awards Regulations which embodies a determination that the beneficiary does not have limited capability for work; or (ii) was entitled to an employment and support allowance by virtue of the Existing Awards Regulations and has made and is pursuing an appeal against a later decision which embodies a determination that the claimant does not have limited capability for work; or (b) the claimant is entitled to an existing award which is subject to conversion under the Existing Award Regulations.

• (c) in sub-paragraph (c), for “regulation 26C” substitute “regulation 46”;

• (d) in sub-paragraph (d)—

• (i) for “regulation 32(1B)” substitute “regulation 37(4)”;

• (ii) in paragraph (i), for the words “sub-paragraph (a)” substitute “sub-paragraph (b)”;

• (iii) in paragraph (ii), for “(ab)” substitute (bb);

• (e) omit sub-paragraph (e);

• (f) in sub-paragraph (f), for “Schedule 8C” substitute “Schedule 6”.

22

In Schedule 3 (regulations that apply after the conversion phase)—

• (a) for “The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987” substitute “the Claims and Payments Regulations 2016”;

• (b) for “The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999” substitute “the Decisions and Appeals Regulations”.

Signed

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

Damian Hinds — Minister of State — Department for Work and Pensions — 25th September 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1) (“the 2015 Order”) that relate to universal credit (“UC”) and the abolition of income related employment and support allowance and income-based jobseeker’s allowance.

Article 3 brings into force on 27th September 2017 various provisions of Parts 3, 6 and 7 of, and Schedules 7, 8 and 12 to, the 2015 Order, mainly in relation to jobseeker’s allowance (“JSA”), employment and support allowance (“ESA”) and the extension of powers to recover benefit overpayments to apply in relation to UC.

Paragraphs (1) and (2) of Article 4 bring into force on 27th September 2017 various provisions relating to UC including certain supplementary and consequential provisions set out in Schedule 2 to the 2015 Order. Paragraphs (3) and (4) bring into force the provisions in Part 2 of the 2015 Order (“the UC provisions”), as set out in Schedule 1, in relation to the different cases as set out below.

Under Article 4(3) and (4)(a), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 27th September 2017 with respect to a period that begins on or after 27th September 2017 and, on the date on which the claim is made, the claimant resides in one of the No. 1 relevant districts.

The postcodes in the No. 1 Relevant Districts are set out in the table contained in the document entitled the List of the No. 1 Relevant Districts, issued by the Department for Communities on the date of making of this Order. The document is available in the libraries of both Houses of Parliament and may also be obtained free of charge from the Social Security and Legislation Division, Department for Communities, Level 8 Causeway Exchange, 1-7 Bedford Street, Belfast, BT2 7EG, in hard copy, or from the Department for Communities website, in soft copy, at: https://www.communities-ni.gov.uk/publications/universal-credit-roll-out-by-postcode.

Under Article 4(3) and (4)(b), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after 27th September 2017 in respect of a period that begins on or after 27th September 2017 and provides incorrect information regarding the claimant residing in one of the No. 1 relevant districts, but this is only discovered once payments of UC have been made.

Under Article 4(5), the day appointed for the coming into force of the UC provisions in the above cases is the first day of the period in respect of which the claim is made.

Article 5 contains provision with respect to the position where a person claims UC and provides incorrect information as to their place of residence.

Article 6 brings into force provisions of the 2015 Order relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”), in relation to a number of different cases as referred to below.

Under Article 6(1) and (2)(a), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 27th September 2017 with respect to a period that begins on or after 27th September 2017 and, on the date on which the claim is made, the claimant resides in one of the No. 1 relevant districts.

Under Article 6(1) and (2)(b), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where a claimant claims UC on or after 27th September 2017 in respect of a period that begins on or after 27th September 2017 and provides incorrect information regarding the claimant residing in one of the No. 1 relevant districts, but this is only discovered once payments of UC have been made.

Under Article 6(1) and (2)(c), the amending provisions come into force in relation to a claim for ESA or JSA, and any award that is made in respect of the claim, where the claim is made on or after 27th September 2017 and, on the date on which the claim is made, the claimant resides in one of the No. 1 relevant districts.

Under Article 6(1) and (2)(d), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in Article 6(2)(c) and where the claim is made during the “relevant period” (mainly the period when a claim for UC is being considered or an award of UC is extant).

Under Article 6(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (4) to (6) of Article 6 provide that a reference in paragraph (1) to a claim for UC includes a reference to any notice under the Employment and Support Allowance (Transitional Provision and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010 (S.R. 2010 No. 312) (“2010 Transitional Regulations”) that is issued to such a person, relating to the conversion of existing awards of incapacity benefit and severe disablement allowance to ESA, and to any award of ESA that is made as a result of a conversion decision, where the notice is issued within the period of the UC award.It also includes a reference to any claim for ESA or JSA, and any award that is made in respect of that claim, where the claim is made within the period of the UC award by a person to whom the award is made and with respect to a period that commences on or after the first day of entitlement to UC.

Article 7 contains provisions that apply in connection with Article 6.

Article 8 provides that, where a person claims ESA or JSA and they would not be able to claim UC by virtue of a determination made by the Department for Communities under regulation 2A of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 ([S.R. 2016 No. 226](https://www.legislation.gov.uk/nisr/2016/226)) (claims for UC may not be made in a specified category of case or area), or by virtue of regulation 40 of those regulations (claims for UC prevented by persons with more than two children or qualifying young persons during specified period), then Part 1 of the Welfare Reform Act (Northern Ireland) 2007 ([2007 c. 2 (N.I.)](https://www.legislation.gov.uk/nia/2007/2)), the Jobseekers (Northern Ireland) Order 1995 ([S.I. 1995/2705 (N.I. 15)](https://www.legislation.gov.uk/nisi/1995/2705) ) and other relevant provisions apply in relation to the claim for ESA or JSA as if the amending provisions had not come into force.There is an exception where the claim for ESA or JSA is made during the period specified in Article 6(2)(d) (mainly, where the claim for ESA or JSA is made during the period when a claim for UC is being considered or an award of UC is extant).

Article 9 provides that the appointed day for the coming into force of the specified provisions in the 2015 Order that relate to claimant responsibilities in relation to a new style ESA award or a new style JSA award, as well as related transitional provisions, is, in relation to a particular case, the day the amending provisions come into force.

Article 10 and Schedule 3 provide for transitional provisions whereby, in relation to cases with respect to which the amending provisions have come into force, the 2010 Transitional Regulations are to be read as if the amendments set out in Schedule 3 were made; the amendments substitute references to provisions that apply to new style ESA awards including the Employment and Support Allowance Regulations (Northern Ireland) 2016 ([S.R. 2016 No. 219](https://www.legislation.gov.uk/nisr/2016/219)).

Articles 11 and 12 provide for transitional provisions with respect to assessments of limited capability for work or for work and work-related activity where a person has a new style ESA award and previously had an old style ESA award, or vice versa.

Articles 13 and 14 provide for transitional provisions with respect to the continuity of jobseeking periods where a person has a new style JSA award and previously had an old style JSA award, or vice versa.

Articles 15 to 17 provide for transitional provisions in relation to sanctions where a person has a new style ESA award and previously had an old style ESA award and was subject to sanctions.Articles 18 to 20 make similar provision for JSA.

Article 21 provides that where a person has a new style ESA award or new style JSA award, is subject to sanctions and subsequently becomes entitled to an old style ESA award, old style JSA award or income support, the sanctions cease to have effect.

Article 22 provides for a transitory provision with respect to appeals where a person is sent a notice relating to a new style ESA award or a new style JSA award.

Article 23 contains a transitional provision providing that, in relation to a case with respect to which the amending provisions have come into force under Article 6(1), references in certain Acts to a contributory employment and support allowance or to a contribution-based jobseeker’s allowance are to be construed as if they included a reference to a new style ESA award or to a new style JSA award respectively.

Article 24 contains transitional provisions that provide that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for universal credit on that date, the UC provisions would come into force in relation to the claim by virtue of Article 4(3) and (4)(a) of this Order.

Article 25 makes provision relating to the possible revision of a decision to make a UC award, where an appeal against a decision not to award old style ESA or old style JSA is finally determined, or a decision relating to a claimant’s entitlement to such an award is revised, after a UC award has been made.

Footnotes

Editorial notes