Social Security Administration (Northern Ireland) Act 1992

[F1 139D Effect of alterations affecting universal credit N.I.

(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—

(a) an award of universal credit is in force in favour of any person (“the recipient”), and

(b) an alteration—

(i) in any element of universal credit,

(ii) in the recipient's benefit income,

(iii) in any amount to be deducted in respect of earned income under Article 13(3)(a) of the Welfare Reform (Northern Ireland) Order 2015,

(iv) in any component of a contribution-based jobseeker's allowance,

(v) in any component of a contributory employment and support allowance, or

(vi) in such other matters as may be prescribed,

affects the computation of the amount of universal credit to which he is entitled.

(2) Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.

(4) Subsection (5) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—

(a) in relation to any of the items referred to in subsection (1)(b)(i) to (vi) above, the amount of the alteration which he proposes to make by an order under section 150, 150A [F2 , 151A] or 152 of the Great Britain Administration Act or by or under any other enactment, and

(b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”).

(5) If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—

(a) may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) above which will be in force on that date, or

(b) may be expressed in terms of the amounts of those items in force at the date of the award.

(6) In this section—

• “alteration”—

  (a)

  in relation to any element of universal credit, means its alteration by or under any enactment;

  (b)

  in relation to a person's benefit income, means the alteration of any of the applicable sums by any enactment or by an order under [F3 section 132, 132A, 132B] or 133 above to the extent that any such alteration affects the amount of his benefit income;

  (c)

  in relation to any component of a contribution-based jobseeker's allowance or a contributory employment and support allowance, means its alteration by or under any enactment;

  (d)

  in relation to any other matter, has such meaning as may be prescribed;

• “applicable sums” means sums to which an order made under [F4 section 132, 132A, 132B] or 133 above corresponding to an order made under [F5 section 150, 150A, 151A] or 152 (as the case may be) of the Great Britain Administration Act may apply;

• “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act [F6 , state pension under Part 1 of the Pensions Act (Northern Ireland) 2015] or personal independence payment;

• “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

• “component”—

  (a)

  in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance;

  (b)

  in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of such an allowance;

• “element”, in relation to universal credit, means any of the amounts specified in regulations under Articles 14 to 17 of the Welfare Reform (Northern Ireland) Order 2015 which are included in the calculation of an award of universal credit.]

Textual Amendments

F1 S. 139D inserted (2.5.2016 for specified purposes, 27.9.2017 in so far as not already in force) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 19; S.R. 2016/215, art. 2(2)(c)(v)(cc); S.R. 2017/190, art. 4(1)(2)(g)(ii)

F2 Words in s. 139D(4)(a) inserted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(6)(a)

F3 Words in s. 139D(6) substituted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(6)(b)(i)

F4 Words in s. 139D(6) substituted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(6)(b)(ii)(aa)

F5 Words in s. 139D(6) substituted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(6)(b)(ii)(bb)

F6 Words in s. 139D(6) inserted (28.9.2016) by The Pensions (2015 Act) (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/353), arts. 1(a), 2(6)(b)(iii)