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The Welfare Reform (Northern Ireland) Order 2015

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Changes over time for: Cross Heading: Elements of an award

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Version Superseded: 05/09/2018

Status:

Point in time view as at 16/05/2018.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Welfare Reform (Northern Ireland) Order 2015. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Elements of an awardN.I.

Standard allowanceN.I.

14.—(1) The calculation of an award of universal credit is to include an amount by way of an allowance for—

(a)a single claimant, or

(b)joint claimants.

(2) Regulations are to specify the amount to be included under paragraph (1).

(3) Regulations may provide for exceptions to paragraph (1).

Commencement Information

I1Art. 14 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I2Art. 14 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I3Art. 14 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I4Art. 14 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I5Art. 14 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

Responsibility for children and young personsN.I.

15.—(1) The calculation of an award of universal credit is to include an amount for each child or qualifying young person for whom a claimant is responsible.

[F1(1A) But the amount mentioned in paragraph (1) is to be available in respect of a maximum of two persons who are either children or qualifying young persons for whom a claimant is responsible.]

(2) Regulations may make provision for the inclusion of an additional amount [F2for each] child or qualifying young person [F3for whom a claimant is responsible who] is disabled.

(3) Regulations are to specify, or provide for the calculation of, amounts to be included under paragraph (1) or (2).

(4) Regulations may provide for exceptions to paragraph (1) [F4or (1A)] .

(5) In this Part, “qualifying young person” means a person of a prescribed description.

Textual Amendments

Commencement Information

I6Art. 15 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I7Art. 15 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I8Art. 15 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I9Art. 15 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I10Art. 15 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

Housing costsN.I.

16.—(1) The calculation of an award of universal credit is to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation the claimant occupies as his or her home.

(2) For the purposes of paragraph (1)—

(a)the accommodation must be in Northern Ireland;

(b)the accommodation must be residential accommodation;

(c)it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.

(3) Regulations may make provision as to—

(a)what is meant by payments in respect of accommodation for the purposes of this ArticleF5...;

(b)circumstances in which a claimant is to be treated as liable or not liable to make such payments;

(c)circumstances in which a claimant is to be treated as occupying or not occupying accommodation as his or her home (and, in particular, for temporary absences to be disregarded);

(d)circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.

(4) Regulations are to provide for the determination or calculation of any amount to be included under this Article.

(5) Regulations may—

(a)provide for exceptions to paragraph (1);

(b)provide for inclusion of an amount under this Article in the calculation of an award of universal credit—

(i)to end at a prescribed time, or

(ii)not to start until a prescribed time.

Textual Amendments

Modifications etc. (not altering text)

C1Art. 16(1) excluded (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), reg. 1, Sch. 4 para. 4

C2Art. 16(1) excluded (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit Regulations (NorthernIreland) 2016 (S.R. 2016/216), reg. 1, Sch. 5 para. 4(1)

Commencement Information

I11Art. 16 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I12Art. 16 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I13Art. 16 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I14Art. 16 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I15Art. 16 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

Other particular needs or circumstancesN.I.

17.—(1) The calculation of an award of universal credit is to include amounts in respect of such particular needs or circumstances of a claimant as may be prescribed.

(2) The needs or circumstances prescribed under paragraph (1) may include—

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the fact that a claimant has limited capability for work and work-related activity;

(c)the fact that a claimant has regular and substantial caring responsibilities for a severely disabled person.

(3) Regulations are to specify, or provide for the determination or calculation of, any amount to be included under paragraph (1).

(4) Regulations may—

(a)provide for inclusion of an amount under this Article in the calculation of an award of universal credit—

(i)to end at a prescribed time, or

(ii)not to start until a prescribed time;

(b)provide for the manner in which a claimant's needs or circumstances are to be determined.

Textual Amendments

Commencement Information

I16Art. 17 in operation at 2.5.2016 for specified purposes by S.R. 2016/215, art. 2(2)(a)

I17Art. 17 in operation at 27.9.2017 for specified purposes by S.R. 2017/190, art. 4(3)-(6), Sch. 1 (with art. 5)

I18Art. 17 in operation at 15.11.2017 and 13.12.2017 for specified purposes by S.R. 2017/216, art. 3 (with art. 6) (as amended (15.1.2018) by S.R. 2018/1, art. 7)

I19Art. 17 in operation at 17.1.2018 and further specified dates for specified purposes by S.R. 2018/1, art. 3 (with art. 6)

I20Art. 17 in operation at 16.5.2018 and further specified dates for specified purposes by S.R. 2018/97, art. 3 (with art. 6)

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