The Universal Credit Regulations (Northern Ireland) 2016

Restrictions on entitlement – prisoners etc.

19.—(1) Entitlement to universal credit does not arise where a person is—

(a) a member of a religious order who is fully maintained by their order,

(b) a prisoner, or

(c) serving a sentence of imprisonment detained in hospital.

(2) Paragraph (1)(b) does not apply during the first 6 months when the claimant is a prisoner where—

(a) the person was entitled to universal credit as a single person immediately before becoming a prisoner, and the calculation of their award included an amount for the housing costs element, and

(b) the person has not been sentenced to a term in custody that is expected to extend beyond that 6 months.

(3) In the case of a prisoner to whom paragraph (2) applies, an award of universal credit is not to include any element other than the housing costs element.

(4) In paragraph (1)(c) a person serving a sentence of imprisonment detained in hospital is a person who is—

(a) being detained—

(i) under Article 53 of the Mental Health (Northern Ireland) Order 1986(1), and

(ii) before the day which the Secretary of State certifies to be that person’s release date within the meaning of Article 56(3) of that Order (in any case where there is such a release date).

(1)

S.I. 1986/595 (N.I. 4); Article 53(5)(a) was amended by paragraph 27 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) and paragraph 38 of Schedule 12 to the Justice (Northern Ireland) Act 2002 (c. 26 (N.I.)) and Article 56(3) was amended by paragraph 5(2) to Schedule 5 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).