The Universal Credit Regulations (Northern Ireland) 2016
PART 1INTRODUCTION
1Citation and commencement
2Interpretation
The Benefit Unit
3Couples
4When a person is responsible for a child or qualifying young person
5Responsibility for children looked after by an authority
6Meaning of “qualifying young person”
General
7Rounding
PART 2ENTITLEMENT
Minimum age
8Cases where the minimum age is 16
In Northern Ireland
9Persons treated as not being in Northern Ireland
10Crown servants and members of Her Majesty's forces posted overseas
11Temporary absence from Northern Ireland
Receiving education
12Meaning of “receiving education”
13Meaning of “undertaking a course”
14Exceptions to the requirement not to be receiving education
Accepting a claimant commitment
15Claimant commitment – date and method of acceptance
16Claimant commitment – exceptions
Financial conditions
17Minimum amount
18Capital limit
Restrictions on entitlement
19Restrictions on entitlement – prisoners etc.
20Waiting days
PART 3AWARDS
21Awards
22Assessment periods
22AAssessment period cycle to remain the same following change in the first date of entitlement
23Deduction of income and work allowance
24Apportionment where re-claim is delayed after loss of employment
PART 4ELEMENTS OF AN AWARD
Responsibility for children or young persons
25The child element
25AAvailability of the child element where maximum exceeded
25BOrder of children and qualifying young persons
Housing costs
26The housing costs element
27Amount of the housing costs element – renters and owner-occupiers
Particular needs or circumstances – capability for work
28Award to include LCWRA element
29Period for which the ... LCWRA element is not to be included
Particular needs or circumstances - carers
30Award to include the carer element
31Meaning of “regular and substantial caring responsibilities for a severely disabled person”
Particular needs or circumstances – childcare costs
32Award to include childcare costs element
33The work condition
34The childcare costs condition
35Amount of childcare costs element
36Charges attributable to an assessment period
37Meaning of “relevant childcare”
General
38Amounts of elements
39Run-on after a death
PART 5CAPABILITY FOR WORK OR WORK-RELATED ACTIVITY
40Limited capability for work
41Limited capability for work and work-related activity
Work Capability Assessment
42When an assessment may be carried out
43Assessment - supplementary
44Information requirement
45Medical examinations
PART 6CALCULATION OF CAPITAL AND INCOME
CHAPTER 1CAPITAL
46What is included in capital?
47Jointly held capital
48Capital disregarded
49Valuation of capital
50Notional capital
CHAPTER 2EARNED INCOME
51Meaning of “earned income”
52Meaning of other terms relating to earned income
53Calculation of earned income – general principles
54Surplus earnings
54ATransitional provision – temporary de minimis period
55Employed earnings
56Employee involved in trade dispute
57Self-employed earnings — treatment of losses
58Unused losses
59Permitted expenses
60Flat rate deductions for mileage and use of home and adjustment for personal use of business premises
61Notional earned income
62Information for calculating earned income – real time information etc.
Gainful self-employment
63Minimum income floor
64Start-up period
65Meaning of “gainful self-employment”
CHAPTER 3UNEARNED INCOME
66What is included in unearned income?
67Meaning of “retirement pension income”
68Person treated as having student income
69Calculation of student income - student loans and postgraduate loans
70Calculation of student income - grants
71Calculation of student income – amount for an assessment period
General
72Assumed yield from capital
73Unearned income calculated monthly
74Notional unearned income
CHAPTER 4MISCELLANEOUS
75Compensation for personal injury
76Special schemes for compensation etc.
77Company analogous to a partnership or one person business
PART 7THE BENEFIT CAP
78Definition of Couple
79Circumstances where the benefit cap applies
80Manner of determining total entitlement to welfare benefits
80ARelevant amount
81Reduction of universal credit
82Exceptions - earnings
83Exceptions - entitlement or receipt of certain benefits
PART 8CLAIMANT RESPONSIBILITIES
CHAPTER 1WORK-RELATED REQUIREMENTS
Introductory
84Definition of carer
85Nomination of responsible carer and responsible foster parent
86References to paid work
87Expected hours
Work-related groups
88Claimants subject to no work-related requirements
89Claimants subject to no work-related requirements - the earnings thresholds
90Claimants subject to work-focused interview requirement only
The work-related requirements
91Purposes of a work-focused interview
92Work search requirement - interviews
93Work search requirement - all reasonable action
94Work availability requirement - able and willing immediately to take up paid work
95Work search requirement and work availability requirement - limitations
96Victims of domestic violence
97Circumstances in which requirements must not be imposed
97AInterpretation
CHAPTER 2SANCTIONS
Reduction periods
98General principles for calculating reduction periods
99Higher-level sanctions
100Medium-level sanction
101Low-level sanction
102Lowest-level sanction
When reduction to have effect
103Start of the reduction
104Reduction period to continue where award terminates
105Suspension of a reduction where fraud penalty applies
106When a reduction is to be terminated
Amount of reduction
107Amount of reduction for each assessment period
108Daily reduction rate
Miscellaneous
109Application of ESA or JSA sanctions to universal credit
110Failures for which no reduction is applied
CHAPTER 3HARDSHIP
111Conditions for hardship payments
112The period of hardship payments
113The amount of hardship payments
114Recoverability of hardship payments
115Transitional Provision
SCHEDULES
SCHEDULE 1Meaning of payments in respect of accommodation
General
1Interpretation
Rent payments
2Rent Payments
3Payments excluded from being rent payments
4Specified accommodation
4ATemporary Accommodation
Owner-occupier payments
5Owner-occupier payments
6Meaning of “loan interest payments”
7Meaning of “alternative finance payments”
Service charge payments
8Service charge payments
9Additional conditions: social rented sector renters and owner-occupiers
SCHEDULE 2Claimant treated as liable or not liable to make payments
PART ITreated as liable to make payments
1Certain other persons liable to make payments
2Failure to pay by the person who is liable
3Payments waived in return for repair work
4Rent free periods
PART 2Treated as not liable to make payments
5Liability to make rent and other payments to close relative
6Liability to make rent and other payments to company
7Liability to make rent and other payments to a trust
8Liability to make owner-occupier and other payments to member of same household
9Arrears of payments
10Contrived liability
SCHEDULE 3Claimant treated as occupying or not occupying accommodation
PART 1Treated as occupying accommodation
1The occupation condition: the general rule
2Claimant living in other accommodation during essential repairs
3Claimant housed in two dwellings by provider of social housing
4Moving home: adaptations to new home for disabled person
5Claimant living in other accommodation because of reasonable fear of violence
6Moving in delayed by adaptations to accommodation to meet disablement needs
7Moving into accommodation following stay in hospital or care home
PART 2Treated as not occupying accommodation
8Periods of temporary absence exceeding 6 months
SCHEDULE 4Housing costs element for renters
PART IGeneral
1Definition of renter
2Interpretation
3“Relevant payments” for purposes of this Schedule
PART 2 Exception to inclusion of housing costs element
4No housing costs element for 16 or 17 year old care leavers
4ANo housing costs element for certain renters aged at least 18 but under 22
4BPersons to whom paragraph 4A does not apply - general
4CPersons to whom paragraph 4A does not apply – periods of work
PART 3General provisions about calculation of amount of housing costs element for renters
5Relevant payments to be taken into account
6Relevant payments calculated monthly
Room allocation
7Size criteria applicable to the extended benefit unit of all renters
8Extended benefit unit of a renter for purposes of this Schedule
9Number of bedrooms to which a renter is entitled
10Temporary absence of member of renter's extended benefit unit
11Additional room
Housing cost contributions
12Housing cost contributions
13Amount of housing cost contributions
14Exempt renters
15No deduction for housing cost contributions in respect of certain non-dependants
Calculation involving more than one accommodation
16Single calculation for renter treated as occupying single accommodation
17Calculation where move to new accommodation delayed for adaptations for disabled person
18Calculation where renter moves out because of reasonable fear of violence
PART 4Private rented sector and temporary accommodation
19Application of Part 4
20Meaning of “temporary accommodation”
The calculation of the housing costs element under this Part
21The amount of housing costs element under this Part
22Core rent
23Core rent for joint tenants
24Cap rent
Further provisions about size criteria for cases to which this Part applies
25Four bedroom limit
26Specified renters entitled to shared accommodation only
27Meaning of “specified renters”
28Renters excepted from shared accommodation
PART 5Social rented sector other than temporary accommodation
29Application of Part 5
Reduction in certain cases of amounts to be taken into account
30Deduction from relevant payments of amounts relating to use of particular accommodation
31Relevant payments excessive
The calculation of the housing costs element under this Part
32The amount of housing costs element
33Determining the amount from which HCC deductions are to be made
34Determining the amount from which HCC deductions are to be made: joint tenants
35Under-occupancy deduction
SCHEDULE 5Housing costs element for owner-occupiers
PART IGeneral
1Definition of Owner-occupier
2Interpretation
3Relevant payment for the purposes of this schedule
PART 2Exception to inclusion of housing costs element
4No housing costs element where owner-occupier has any earned income
PART 3No housing costs element for qualifying period
5No housing costs element under this Schedule for qualifying period
6Application of paragraph 5: receipt of JSA and ESA
7Application of paragraph 5: joint owner-occupiers ceasing to be a couple
PART 4Calculation of amount of housing costs element for owner-occupiers
8Payments to be taken into account
9The amount of a housing costs element
10Amount in respect of interest on loans
11Amount in respect of alternative finance arrangements
12Standard rate to be applied under paragraphs 10 and 11
13Amount in respect of service charge payments
SCHEDULE 6Assessment of whether a claimant has limited capability for work
PART IPhysical disabilities
PART 2Mental, cognitive and intellectual function assessment
SCHEDULE 7Assessment of whether a claimant has limited capability for work and work-related activity
SCHEDULE 8Circumstances in which a claimant is to be treated as having limited capability for work
Receiving certain treatments
1The claimant is receiving— (a) regular weekly treatment by way...
In hospital
2(1) The claimant is— (a) undergoing medical or other treatment...
Prevented from working by law
3(1) The claimant— (a) is excluded or abstains from work...
Risk to self or others
4(1) The claimant is suffering from a specific illness, disease...
Life threatening disease
5The claimant is suffering from a life threatening disease in...
Disabled and over the age for state pension credit
6The claimant has reached the qualifying age for state pension...
SCHEDULE 9Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity
Terminal illness
1The claimant is terminally ill.
Pregnancy
2The claimant is a pregnant woman and there is a...
Receiving treatment for cancer
3The claimant is— (a) receiving treatment for cancer by way...
Risk to self or others
4The claimant is suffering from a specific illness, disease or...
Disabled and over the age for state pension credit
5The claimant has reached the qualifying age for state pension...
SCHEDULE 10Capital to be disregarded
Premises or land
1(1) Premises or land occupied by a person as their...
2Premises or land occupied by a close relative of a...
3Premises or land occupied by a person's former partner as...
4(1) Premises or land that a person intends to occupy...
5Premises or land that a person has ceased to occupy...
6Premises or land that a person is taking reasonable steps...
Business assets
7Assets which are used wholly or mainly for the purposes...
8Assets which were used wholly or mainly for a trade,...
Rights in pensions schemes etc.
9The value of any policy of life insurance.
10(1) The value of any right to receive a pension...
11(1) The value of a funeral plan contract.
Amounts earmarked for special purposes
12An amount deposited with a housing association as a condition...
13(1) An amount received within the past 6 months which...
14An amount received under an insurance policy within the past...
15An amount received within the past 6 months that is...
Other payments
16Any payment made within the last 12 months under Part...
17(1) A payment made within the past 12 months by...
18(1) A payment received within the past 12 months by...
18ZAA payment made within the past 12 months of widowed...
18AA payment received within the past 12 months by way...
19A payment to a person by virtue of being a...
20(1) A payment made within the past 12 months of...
21An ex-gratia payment made by the Secretary of State for...
22A payment made under Article 10 of the Victims and...
23Any early years assistance given within the past 12 months...
24Any funeral expense assistance given within the past 12 months...
25Any assistance given within the past 12 months in accordance...
26Any winter heating assistance given within the past 12 months...
SCHEDULE 11Application of ESA or JSA sanctions to universal credit
1Moving an ESA sanction to UC
2Moving a JSA sanction to UC
3Effect of ESA or JSA sanction on escalation of UC sanction
SCHEDULE 12Availability of the child element where maximum exceeded - exceptions
1Introduction
2Multiple births
3Adoptions
4Non-parental caring arrangements
5Non-consensual conception
6Continuation of existing exception in a subsequent award

2016 No. 216

Social Security

The Universal Credit Regulations (Northern Ireland) 2016

Made

Laid

Coming into operation in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles, 5, 7(2), 9(2), (3), (5) to (7), 9(5)(a), 10, 11(1) and (3), 12(2) and (3), 13(3), 14(2) and (3), 15(2) to (5), 16(3) to (5), 17, 19(5), 20(2), 22(3) and (4), 23(3) and (5), 24(2)(d), (3) and (4), 25(1), 27(2), 29(1), (7) and (8), 30, 31(2)(a), (6) and (8), 32(4), (5), (9), 33, 36, 38, 43(3) to (7), 45(3)(a), 46, 48 and 101 of, and paragraphs 1,2, 3(2), 4, 5 and 7 of Schedule 1 and paragraphs 2 and 3 of Schedule 5 to, the Welfare Reform (Northern Ireland) Order 2015M1.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015.C1

Annotations:
Modifications etc. (not altering text)
Marginal Citations