The Universal Credit Regulations (Northern Ireland) 2016

Exceptions to the requirement not to be receiving education N.I.

14.— [F1 (1)]  A person does not have to meet the basic condition in Article 9(1)(d) of the Order (not receiving education) if —

(a) the person —

(i) is undertaking, a full-time course of study or training which is not a course of advanced education,

(ii) is under the age of 21, or is 21 and reached that age whilst undertaking the course, and

(iii) is without parental support (as defined in regulation 8(3)),

[F2 (b) the person is entitled to attendance allowance, disability living allowance [F3 , child disability payment] or personal independence payment and it has been determined—

(i) that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 of these Regulations or Part 4 or 5 of the ESA Regulations;

(ii) that the person is to be treated as having limited capability for work under Schedule 8 or limited capability for work and work-related activity under Schedule 9; or

(iii) that the person is to be treated as having limited capability for work or limited capability for work and work-related activity under regulation 19(2)(b) of the Universal Credit (Transitional Provisions) Regulations Northern Ireland 2016,

and that determination was made on or before the date of claim to universal credit, where the person is receiving education on the date the claim is made, or the date on which the person starts receiving education, where the person starts receiving education after the date of claim to universal credit;]

(c) the person is responsible for a child or a qualifying young person,

(d) the person is a single person and a foster parent with whom a child is placed,

(e) the person is a member of a couple, both of whom are receiving education, and the other member is—

(i) responsible for a child or qualifying young person, or

(ii) a foster parent with whom a child is placed, or

(f) the person—

(i) has reached the qualifying age for state pension credit, and

(ii) is a member of a couple the other member of which has not reached that age.

[F4 (2) Where regulation 8(6)(a) or 8(10) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 (award of universal credit without a claim) applies to a person who is receiving education, paragraph (1)(b) is to be read as if each reference to “date of claim” was a reference to “date of award”.]

Textual Amendments

F1 Reg. 14 renumbered as reg. 14(1) (5.8.2020) by The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/166), regs. 1(1), 2(1)(a) (with reg. 1(2))

F2 Reg. 14(1)(b) substituted (5.8.2020) by The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/166), regs. 1(1), 2(1)(b) (with reg. 1(2))

F3 Words in reg. 14(1)(b) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 12 para. 3

F4 Reg. 14(2) inserted (5.8.2020) by The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/166), regs. 1(1), 2(1)(c) (with reg. 1(2))