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

Interpretation N.I.

2.—(1) In this Order—

“the 1992 Act” means the Social Security Administration (Northern Ireland) Act 1992(1);

“the 1995 Order” means the Jobseekers (Northern Ireland) Order 1995(2);

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998(3);

“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 2007(4);

“the 2010 Transitional Regulations” means the Employment and Support Allowance (Transitional Provision and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010(5);

“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

“the 2016 Transitional Regulations” means the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016(6);

“the amending provisions” means the provisions referred to in Article 6(1)(a) to (c);

“Appeal Tribunal” has the same meaning as in Article 39 of the 1998 Order;

“appointed day” means the day appointed for the coming into force of the amending provisions in accordance with Article 6(3);

“claimant”—

(a)

in relation to an employment and support allowance, has the same meaning as in Part 1 of the 2007 Act, save as mentioned in Article 7(1) of this Order;

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the 1995 Order (as it applies apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based jobseeker’s allowance), save as mentioned in Article 7(1) of this Order;

(c)

in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order(7);

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(8);

“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) 2016(9);

“Commissioner” means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more of the Commissioners constituted under Article 16(7) of the 1998 Order;

“contribution-based jobseeker’s allowance” means a contribution-based allowance under the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance;

“conversion decision” has the meaning given by the 2010 Transitional Regulations;

“the Department” means the Department for Communities;

“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act;

“the ESA Regulations 2008” means the Employment and Support Allowance Regulations (Northern Ireland) 2008(10);

“the ESA Regulations 2016” means the Employment and Support Allowance Regulations (Northern Ireland) 2016(11);

“housing benefit” means housing benefit under section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(12);

“income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under the 1995 Order;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the 2007 Act;

“income support” means income support under section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“List of the No. 1 Relevant Districts” means the List of the No. 1 Relevant Districts issued by the Department on 25th September 2017(13);

“jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Order;

“joint claimants”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order(14);

“the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(15);

“the JSA Regulations 2016” means the Jobseeker’s Allowance Regulations (Northern Ireland) 2016(16);

“new style ESA” means an employment and support allowance under Part 1 of the 2007 Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance and “new style ESA award” shall be construed accordingly;

“new style JSA” means a jobseeker’s allowance under the 1995 Order as amended by the provisions of Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based allowance and “new style JSA award” shall be construed accordingly;

“No. 1 relevant districts” means the postcodes specified in the table in the List of the No. 1 Relevant Districts;

“old style ESA” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the 2015 Order that remove references to an income-related allowance and “old style ESA award” shall be construed accordingly;

“old style JSA” means a jobseeker’s allowance under the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based jobseeker’s allowance and “old style JSA award” shall be construed accordingly;

“single claimant”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order;

“tax credit” (including “child tax credit” and “working tax credit”) has the same meaning as in the Tax Credits Act 2002(17).

(2) For the purposes of this Order, the Claims and Payments Regulations 2016 apply for the purposes of deciding—

(a) whether a claim for universal credit is made; and

(b) the date on which such a claim is made.

Commencement Information

I1 Art. 2 in operation at made date

(1)

1992 c. 8.

(2)

S.I. 1995/2705 (N.I. 15).

(3)

S.I. 1998/1506 (N.I. 10).

(4)

2007 c. 2 (N.I.).

(5)

S.R. 2010 No. 312.

(6)

S.R. 2016 No. 226.

(7)

See Article 46.

(8)

S.R. 1987 No. 465.

(9)

S.R. 2016 No. 220.

(10)

S.R. 2008 No. 280.

(11)

S.R. 2016 No. 219.

(12)

1992 c. 7.

(13)

See the Explanatory Note for details of the internet publishing and availability of the List of the No 1 Relevant Districts; a copy is also being published in the libraries of both Houses of Parliament.

(14)

See Article 46.

(15)

S.R. 1996 No. 198.

(16)

S.R. 2016 No. 218.

(17)

2002 c. 21.