The Welfare Reform (Northern Ireland) Order 2015

Application of work-related requirements N.I.

Claimants subject to no work-related requirements N.I.

24.—(1) The Department may not impose any work-related requirement on a claimant falling within this Article.

(2) A claimant falls within this Article if—

(a) the claimant has limited capability for work and work-related activity,

(b) the claimant has regular and substantial caring responsibilities for a severely disabled person,

(c) the claimant is the responsible carer for a child under the age of one, or

(d) the claimant is of a prescribed description.

(3) Regulations under paragraph (2)(d) may in particular make provision by reference to one or more of the following—

(a) hours worked;

(b) earnings or income;

(c) the amount of universal credit payable.

(4) Regulations under paragraph (3) may—

(a) in the case of a claimant who is a member of a couple, make provision by reference to the claimant alone or by reference to the members of the couple together;

(b) make provision for estimating or calculating any matter for the purpose of the regulations.

(5) Where a claimant falls within this Article, any work-related requirement previously applying to the claimant ceases to have effect.

(6) In this Part “responsible carer”, in relation to a child means—

(a) a single person who is responsible for the child, or

(b) a person who is a member of a couple where—

(i) the person or the other member of the couple is responsible for the child, and

(ii) the person has been nominated by the couple jointly as responsible for the child.

Commencement Information

I1 Art. 24 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(b)(i)

I2 Art. 24 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I3 Art. 24 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I4 Art. 24 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I5 Art. 24 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

I6 Art. 24 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 3 (with art. 6)

I7 Art. 24 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(1)-(3) (with art. 2(4)(11))

I8 Art. 24 in operation at 30.3.2022 in so far as not already in operation by S.R. 2022/132, art. 3 (with arts. 4, 5, Sch.)

Claimants subject to work-focused interview requirement only N.I.

25.—(1) A claimant falls within this Article if—

(a) the claimant is the responsible carer for a child who is aged [F1 one] , or

(b) the claimant is of a prescribed description.

(2) The Department may, subject to this Part, impose a work-focused interview requirement on a claimant falling within this Article.

(3) The Department may not impose any other work-related requirement on a claimant falling within this Article (and, where a claimant falls within this Article, any other work-related requirement previously applying to the claimant ceases to have effect).

Textual Amendments

F1 Word in art. 25(1)(a) substituted (27.9.2017) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 12(1)(a); S.R. 2017/166, art. 3(b)

Commencement Information

I9 Art. 25 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(b)(i)

I10 Art. 25 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I11 Art. 25 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I12 Art. 25 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I13 Art. 25 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

I14 Art. 25 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 3 (with art. 6)

I15 Art. 25 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(1)-(3) (with art. 2(4)(11))

I16 Art. 25 in operation at 30.3.2022 in so far as not already in operation by S.R. 2022/132, art. 3 (with arts. 4, 5, Sch.)

Claimants subject to work preparation requirement N.I.

26.—(1) A claimant falls within this Article if the claimant does not fall within Article 24 or 25 and—

(a) the claimant has limited capability for work,

[F2 (aa) the claimant is the responsible carer for a child who is aged 2,] or

(b) the claimant is of a prescribed description.

(2) The Department may, subject to this Part, impose a work preparation requirement on a claimant falling within this Article.

(3) The Department may also, subject to this Part, impose a work-focused interview requirement on a claimant falling within this Article.

(4) The Department may not impose any other work-related requirement on a claimant falling within this Article (and, where a claimant falls within this Article, any other work-related requirement previously applying to the claimant ceases to have effect).

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Art. 26(1)(aa) inserted (27.9.2017) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 12(1)(b); S.R. 2017/166, art. 3(b)

F3 Art. 26(5) omitted (27.9.2017) by virtue of The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(1), 12(1)(c); S.R. 2017/166, art. 3(b)

Commencement Information

I17 Art. 26 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(b)(i)

I18 Art. 26 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I19 Art. 26 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I20 Art. 26 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I21 Art. 26 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

I22 Art. 26 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 3 (with art. 6)

I23 Art. 26 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(1)-(3) (with art. 2(4)(11))

Claimants subject to all work-related requirements N.I.

27.—(1) A claimant not falling within any of Articles 24 to 26 falls within this Article.

(2) The Department must, except in prescribed circumstances, impose on a claimant falling within this Article—

(a) a work search requirement, and

(b) a work availability requirement.

(3) The Department may, subject to this Part, impose either or both of the following on a claimant falling within this Article—

(a) a work-focused interview requirement;

(b) a work preparation requirement.

Commencement Information

I24 Art. 27 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(b)(i)

I25 Art. 27 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I26 Art. 27 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I27 Art. 27 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I28 Art. 27 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

I29 Art. 27 in force at 5.9.2018 and further specified dates for specified purposes by S.R. 2018/138, art. 3 (with art. 6)

I30 Art. 27 in force at 1.2.2019 for specified purposes by S.R. 2019/7, art. 2(1)-(3) (with art. 2(4)(11))

I31 Art. 27 in operation at 30.3.2022 in so far as not already in operation by S.R. 2022/132, art. 3 (with arts. 4, 5, Sch.)