35.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (9).
(2) In regulation 2(1) (interpretation)(2)—
(a)for the definition of “contributory employment and support allowance” substitute—
““contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;”; and
(b)after the definition of “training allowance” insert—
““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;”.
(3) In regulation 17(2) (persons of a prescribed description)(3)—
(a)at the end of sub-paragraph (a) omit “or”;
(b)at the end of sub-paragraph (b) insert “or”; and
(c)after sub-paragraph (b) insert—
“(c)entitled to an award of universal credit.”.
(4) In regulation 29(11)(ba) and (ca) (treatment of child care charges)(4) after “Employment and Support Allowance Regulations ” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
(5) In regulation 53 (non-dependant deductions)(5)—
(a)in paragraph (8) after “work-related activity component)” in both places it occurs insert “or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income”; and
(b)after paragraph (10) insert—
“(11) For the purposes of paragraph (8) “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations (Northern Ireland) 2016.”.
(6) In regulation 80(5) (method of recovery)(6) after “Employment and Support Allowance Regulations” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
(7) In Schedule 4 (applicable amounts)—
(a)in paragraph 6 (severe disability premium)(7)—
(i)in sub-paragraph (2)(a)(iii) after “carer’s allowance” insert “under section 70 of the Act or has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016”,
(ii)in the closing words of sub-paragraph (2)(b)—
(aa)after “carer’s allowance” insert “or has an award of universal credit that includes the carer element”; and
(bb)after “such an allowance” insert “or has such an award of universal credit”,
(iii)in sub-paragraph (7)(b)—
(aa)after “carer’s allowance” insert “or having an award of universal credit which includes the carer element”; and
(bb)after “be so entitled and in receipt” insert “or have such an award of universal credit”,
(iv)in sub-paragraph (8)(a) after “carer’s allowance” insert “or an award of universal credit which includes the carer element”, and
(v)in sub-paragraph (8)(b)(8)—
(aa)after “carer’s allowance” insert “or as having an award of universal credit which includes the carer element”; and
(bb)after “that allowance” insert “or had such an award of universal credit”.
(b)in paragraph 12 (amounts of premiums specified in Part III)(9)—
(i)in sub-paragraph (1)(b)(i) after “carer’s allowance” insert “or who has an award of universal credit which includes the carer element under regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016,”; and
(ii)in sub-paragraph (1)(b)(ii) after “such an allowance” insert “or such an award of universal credit”.
(8) In Schedule 5 (sums disregarded from claimant’s earnings)(10)—
(a)in paragraph 5(1)(d)(ii) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and
(b)in paragraph 5A(6)(a)(11) after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.
(9) In paragraph 21(2) of Schedule 7 (capital to be disregarded)(12)—
(a)at the end of paragraph (l) omit “or”;
(b)at the end of paragraph (m) insert “or”; and
(c)after paragraph (m) insert—
“(n)universal credit.”.
Commencement Information
I1Reg. 35 comes into operation in accordance with reg. 1(1)
Regulation 2 was amended by regulation 4(2)(a)(iv) of S.R. 2008 No. 378
Regulation 17(2) was amended by regulation 4(4) of S.R. 2008 No. 378
Regulation 29(11)(ba) and (ca) were inserted by regulation 4(6)(c)(i) and 4(6)(c)(ii) of S.R. 2008 No. 378
Paragraph (8) was amended by regulation 4(9) of S.R. 2008 No. 378
Paragraph (5) was amended by regulation 3(5)(c) of S.R. 2009 No.382
Paragraph 6 was amended by regulation 8(3) of S.R. 2007 No. 154 and Article 27(7) of S.I. 2013/3021
Sub-paragraph 8(b) was amended by regulation 10(3) of S.R.2011 No. 291
Paragraph 12 was amended by Article 20(7) of S.R. 2015 No. 124
Paragraph 5(1)(d) was added by regulation 7(6) of S.R. 2009 No. 92
Paragraph 5A was inserted by regulation 3(7) of S.R. 2009 No. 382
Paragraph 21(2) was amended by regulation 4(13) of S.R. 2008 No. 378, regulation 6(7) of S.R. 2008 No. 498, regulation 7(3) of S.R. 2013 No. 67 and Article 27(9) of S.I. 2013/3021