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1.—(1) The amendments made by regulations 2 and 3 and paragraphs 4 and 7 of Schedule 1 do not apply —
(a)where a claimant has an award of universal credit in any of the circumstances in the following paragraphs; and
(b)for so long as the claimant continues without any break to be entitled to universal credit and to have limited capability for work.
(2) For the purposes of sub-paragraph (1)(b), the reference to continuous entitlement to universal credit includes where an award has terminated and a further award is made and—
(a)immediately before the further award commences, the previous award has terminated because the claimant ceased to be a member of a couple or became a member of a couple; or
(b)within the six months beginning with the date that the further award commences, the previous award has terminated because the financial condition in Article 10(1)(b) or, if it was a joint claim, Article 10(2)(b), of the Welfare Reform (Northern Ireland) Order 2015 was not met.
(3) In this Schedule—
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007(1);
“LCW element” and “LCWRA element” have the meanings in regulation 28 of the Universal Credit Regulations (Northern Ireland) 2016 as it has effect apart from the amendments made by regulation 4(4) (which removes references to the LCW element);
“limited capability for work” has the meaning given in Article 43(1) of the Welfare Reform (Northern Ireland) Order 2015(2).
(4) The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(3) apply for the purpose of deciding the date on which a claim is made or is to be treated as made.
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