The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

Amendment of the Housing Benefit Regulations N.I.

34.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (13).

(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 25(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)”.

(5) In regulation 37(3A) (calculation of income other than earnings)(6) after “Employment and Support Allowance Regulations” insert “or section 11J of the Welfare Reform Act(7)”.

(6) In regulation 53(2)(ea) (full-time students to be treated as not liable to make payments in respect of a dwelling)(8) after “Employment and Support Allowance Regulations” insert “or the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(7) In regulation 72 (non-dependant deductions)—

(a) in paragraph (8)(a) and (b)(9) after “the Welfare Reform Act (the support component and the work-related activity component)” 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 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(8) After regulation 73F(1)(h) (exception to the benefit cap: receipt of specified benefit)(10) insert—

“(i) the claimant is receiving universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(9) In regulation 99(5) (method of recovery)(11) after “Employment and Support Allowance Regulations ” insert “, regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(10) In Schedule 4 (applicable amounts)—

(a) in paragraph 14 (severe disability premium)(12)—

(i) in sub-paragraph (2)(a)(iii) after “section 70 of the Act” insert “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 which includes the carer element”; and

(bb) after “such an allowance” insert “or has such an award of universal credit”,

(iii) in sub-paragraph (5)(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 (6) after “carer’s allowance” insert “or universal credit which includes the carer element”, and

(v) in sub-paragraph (7)—

(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 20 (amounts of premiums specified in Part III)(13)—

(i) in sub-paragraph (6)(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 (6)(b)(ii) after “such an allowance” insert “or such an award of universal credit”;

(c) in paragraph 21(c)(ii) (the components) after “Employment and Support Allowance Regulations” insert “or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”; and

(d) in paragraph 27(1)(b)(i) (transitional addition) after “Employment and Support Allowance Regulations” insert “or regulation 26 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, in either case”; and

(e) in paragraph 29(1)(c)(14) after “Employment and Support Allowance Regulations” insert “or regulation 86 of the Employment and Support Allowance Regulations (Northern Ireland) 2016”.

(11) In paragraph 10A(6)(a) of Schedule 5 (sums to be disregarded in the calculation of earnings)(15) after “Employment and Support Allowance Regulations” insert “or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2016”.

(12) After paragraph 8(d) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings)(16) insert—

“(e) universal credit.”.

(13) After paragraph 9(1)(f) of Schedule 7 (capital to be disregarded)(17) insert—

“(g) universal credit.”.

Commencement Information

I1 Reg. 34 comes into operation in accordance with reg. 1(1)

(1)

S.R. 2006 No. 405

(2)

Regulation 2(1) was amended by regulation 3(2)(a)(iv) of S.R. 2008 No. 378 and regulation 26 of S.R. 2013 No. 3021

(3)

Regulation 17(2) was amended by regulation 3(4)(c) of S.R. 2008 No. 378

(4)

Regulation 25(11)(ba) and (ca) were inserted by regulation 3(9) of S.R. 2008 No. 378

(5)

S.R. 2016 No. 219

(6)

Paragraph (3A) was inserted by regulation 3(10) of S.R. 2008 No. 378

(7)

Section 11J was inserted by Article 63(1) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006)

(8)

Sub-paragraph (ea) was inserted by regulation 3(12)(b) of S.R. 2008 No. 378

(9)

Paragraph (8)(a) and (b) was amended by regulation 3(13) of S.R. 2008 No. 378

(10)

Regulation 73F was inserted by regulation 3(5) of S.R. 2016 No. 55

(11)

Paragraph (5) was amended by regulation 2(4)(c) of S.R. 2009 No. 382

(12)

Relevant amending regulations are regulation 7(5) of S.R. 2007 No. 154, regulation 6(9)(c) of S.R. 2009 No. 92 and Article 26(6) of S.I. 2013/3021

(13)

Paragraph 20(6)(b) was amended by Article 19(7) of and Schedule 6 to S.R. 2015 No. 124

(14)

Paragraph 29(1)(c) was substituted by regulation 3(d) of S.R. 2016 No. 176

(15)

Paragraph 10A was inserted by regulation 2(6)(a) of S.R. 2009 No. 382

(16)

Paragraph 8 was amended by regulation 3(19) of S.R. 2008 No. 378

(17)

Paragraph 9(1)(f) was inserted by regulation 3(20) of S.R. 2008 No. 378