The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations (Northern Ireland) 2020

Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 N.I.

6.—(1) The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 M1 are amended as follows.

(2) In regulation 2(1) (interpretation), at the appropriate places insert—

““the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016;”;

““qualifying age for state pension credit” has the meaning given by section 1(6) of the State Pension Credit Act (Northern Ireland) 2002;”; and

““state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;”.

(3) In regulation 3 (exclusion of entitlement to certain benefits) M2 —

(a) in paragraph (1)(d) omit “under the State Pension Credit Act (Northern Ireland) 2002”;

(b) in paragraph (2)(a), at the end omit “or”;

(c) in paragraph (2)(b)(ii)—

(i) after “regulation 5(5)(b)” insert “ or (c) ”;

(ii) at the end omit “or”;

(d) at the end of paragraph (2)(b)(iii) add—

“; or

(iv) state pension credit, where an award to which the new claimant partner is entitled terminates after the first date of entitlement to universal credit; or

(c) during the last assessment period for universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, to housing benefit or state pension credit from the date the claimant reaches that age.”.

(4) In regulation 4 (exclusion of claims for certain existing benefits) M3 , after paragraph (8) insert—

“(8A) A universal credit claimant is not precluded from making a claim for housing benefit under the Housing Benefit (State Pension Credit) Regulations during the last assessment period for universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, in respect of entitlement arising from the date the claimant reaches that age.”.

(5) In regulation 5(5) (termination of awards of certain existing benefits: new claimant partners) M4 —

(a) at the end of sub-paragraph (a) omit “or”;

(b) at the end of sub-paragraph (b) add—

“; or

(c) the new claimant partner has reached the qualifying age for state pension credit and the award is made in accordance with the Housing Benefit (State Pension Credit) Regulations.”.

Marginal Citations

M1 S.R. 2016 No. 226.

M2 Regulation 3 was amended by S.R. 2018 No. 92 and 2019 No. 152.

M3 Regulation 4 was amended by S.R. 2018 No. 92.

M4 Regulation 5 was amended by S.R. 2018 No. 92.