The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 16 and Commencement No. 8, 13 and 14 and Transitional and Transitory Provisions (Amendment)) Order (Northern Ireland) 2022

Made: 21st March 2022

The Powers are exercisable by the Department by virtue of Article 2 the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 2020[^f00003].

Citation

1

This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 16 and Commencement No. 8, 13 and 14 and Transitional and Transitory Provisions (Amendment)) Order (Northern Ireland) 2022.

Interpretation

2

In this Order—

• “the No.8 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017;[^f00004]

• “the No.14 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019[^f00005].

Full commencement of universal credit

3

30th March 2022 (“the appointed day”) is the appointed day for the coming into operation of the provisions of the Welfare Reform (Northern Ireland) Order 2015 listed in Schedule 1 (universal credit provisions coming into operation in relation to certain claims and awards) to the No. 8 Order, in so far as they are not already in operation.

Removal of restriction preventing frontier workers from claiming universal credit

4

• (1) The amendments of the No. 14 Order set out in paragraphs (3) and (4) have effect from the appointed day.

• (2) The No. 14 Order is amended as follows.

• (3) In Article 1 (citation and interpretation), omit paragraph (3).

• (4) In Article 2 (appointed day – coming into operation of universal credit provisions and abolition of income-related employment and support allowance and income-based jobseeker’s allowance), omit paragraph (11).

Consequential Amendments

5

The consequential amendments set out in the Schedule have effect from the appointed day.

SCHEDULE — Consequential Amendments

1

• (1) The No. 8 Order is amended as follows.

• (2) In Article 8(1) (transitional provision where the Department determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance), omit “or article 2(11) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)”.

• (3) In Article 24(2) (transitional provision: claims for housing benefit, income support or a tax credit), omit “or by virtue of article 2 (11) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)”.

2

• (1) The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment) Order 2019[^f00006] is amended as follows.

• (2) In Article 8 (transitional provision: where restrictions on claims for universal credit are in place)—

• (a) at the end of paragraph (1)(a) insert “or”; and

• (b) omit subparagraph (1)(c) and the “or” preceding it.

Signed

Sealed with the Official Seal of the Department for Communities on 21st March 2022.

Anne McCleary — A senior officer of the Department

Explanatory note

(This note is not part of the Order)

Explanatory Note

This Order is a further stage in the replacement of six existing benefits by universal credit.

Article 3 brings into operation provisions of the Welfare Reform (Northern Ireland) Order 2015, as listed in Schedule 1 to the Welfare Reform (Northern Ireland) Order 2015 (Commencement No.8 and Transitional and Transitory Provisions) Order 2017, in so far as they are not already in operation. Existing awards of the benefits which universal credit replaces are not affected.

Article 4 removes the restriction on universal credit claims by frontier workers (e.g. a person who does not reside in Great Britain or Northern Ireland but who works in Great Britain or Northern Ireland) and, accordingly, subject to any other exception that may apply, a person may not make a claim for a tax credit.

Article 5 and the Schedule contain amendments consequential on article 4.

Footnotes

[^f00001]: See section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 N.I.))

[^f00002]: S.I. 2015/2006 (N.I.1)

[^f00003]: S.I. 2020/927

[^f00004]: S.R. 2017 No. 190 (c. 11)

[^f00005]: S.R 2019 No. 7 (c. 2)

[^f00006]: S.R. 2019 No. 4, as amended by S.R 2019 No. 7