The Welfare Reform (Northern Ireland) Order 2015

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

20.  After section 140B insert—

“Implementation of increases in universal credit due to attainment of a particular age

140C.— (1) This section applies where—

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

(b) an element has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an increased amount of universal credit, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to—

(a) a benefit under the Contributions and Benefits Act, or

(b) personal independence payment.

(4) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to universal credit, other than—

(a) the question whether the element concerned, or any other element, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient’s case, and

(b) the question whether, in consequence, the amount of his universal credit falls to be varied.

(5) In this section, “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.”