The Universal Credit Regulations (Northern Ireland) 2016

PART 2 N.I. [F1 Exceptions] to inclusion of housing costs element

Textual Amendments

F1 Word in Sch. 4 Pt. 2 heading substituted (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/142), regs. 1, 2(3)(a) (with reg. 3)

No housing costs element for 16 or 17 year old care leavers N.I.

4.  Article 16(1) of the Order (housing costs) does not apply to any renter who is 16 or 17 years old and is a care leaver.

[F2 No housing costs element for certain renters aged at least 18 but under 22 N.I.

4A.   Article 16(1) of the Order (housing costs) does not apply to a renter who—

(a) is at least 18 but under 22 years old;

(b) falls within Article 27 of the Order (claimants subject to all work-related requirements); and

(c) is a single person (or a member of a couple claiming as a single person).

Textual Amendments

F2 Sch. 4 paras. 4A-4C inserted (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/142), regs. 1, 2(3)(b) (with reg. 3)

Persons to whom paragraph 4A does not apply - general N.I.

4B.— (1) Paragraph 4A does not apply where—

(a) the renter is responsible for a child or a qualifying young person;

(b) the renter satisfies paragraph 28(2), (4)(a) or (c), or (5) (renters excepted from shared accommodation), whether or not the renter is a person to whom Part 4 (private rented sector and temporary accommodation) applies;

(c) the renter meets the occupational condition in respect of temporary accommodation (within the meaning of paragraph 20);

(d) the renter is unable to live with their parents because—

(i) the renter has no parent; or

(ii) neither parent occupies accommodation as their home in Northern Ireland;

(e) in the opinion of the Department it is inappropriate for the renter to live with each of their parents, including (but not limited to) in circumstances where there would be a serious risk to the renter’s physical or mental health, or the renter would suffer significant harm, if the claimant lived with them;

(f) the renter’s expected number of hours per week determined under regulation 87 (expected hours) is fewer than 35;

(g) regulation 97(6) or (7) (circumstances in which requirements must not be imposed) applies to the renter; or

(h) domestic violence has been inflicted on or threatened against the renter by the renter’s partner or former partner or by a family member.

(2) In this paragraph “domestic violence” and “family member” have the meanings given in regulation 96 (domestic violence).

Textual Amendments

F2 Sch. 4 paras. 4A-4C inserted (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/142), regs. 1, 2(3)(b) (with reg. 3)

Persons to whom paragraph 4A does not apply – periods of work N.I.

4C.— (1) Paragraph 4A does not apply to a renter in an assessment period where the renter’s earned income is equal to or exceeds the amount that a person would be paid at the hourly rate set out in—

(a) unless paragraph (b) applies, regulation 4A(1)(b) of the National Minimum Wage Regulations; or

(b) where the renter was employed under a contract of apprenticeship on the last day of the assessment period, regulation 4A(1)(d) of the National Minimum Wage Regulations,

for 16 hours per week, converted to a net monthly amount by multiplying by 52 and dividing by 12.

(2) Paragraph 4A does not apply to a renter for a period of 6 consecutive months that begins on the most recent of the following days in respect of which the relevant condition in sub-paragraph (3) is met—

(a) the first day of the renter’s first assessment period;

(b) the first day of an assessment period (which is not the renter’s first assessment period) in which the renter’s earned income is less than the threshold.

(3) The relevant condition is—

(a) in the case of sub-paragraph (2)(a), the renter’s earned income was equal to or exceeded the threshold in each of the 6 calendar months ending before the calendar month in which the claim for universal credit was made;

(b) in the case of sub-paragraph (2)(b)—

(i) the renter’s earned income was equal to or exceeded the threshold in each of the 6 assessment periods immediately preceding the day mentioned in sub-paragraph (2)(b); or.

(ii) where there are fewer than 6 assessment periods immediately preceding that day, the renter’s earned income was equal to or exceeded the threshold in each of the 6 months comprised of—

(aa) the assessment periods immediately preceding the day mentioned in sub-paragraph (2)(b); and

(bb) the number of calendar months (ending before the calendar month in which the claim for universal credit was made) that are required to complete the 6 month period.

(4) In this paragraph—

“earned income” does not include income a person is treated as having by virtue of regulation 63 (minimum income floor);

“threshold” is the amount that a person would be paid at the hourly rate set out in—

(a)

unless paragraph (b) applies, regulation 4A(1)(b) of the National Minimum Wage Regulations;

(b)

where the renter was employed under a contract of apprenticeship for the duration of the 6 month period applicable under sub-paragraph (3), regulation 4A(1)(d) of the National Minimum Wage Regulations,

for 16 hours per week, converted to a net monthly amount by multiplying by 52 and dividing by 12.]

Textual Amendments

F2 Sch. 4 paras. 4A-4C inserted (coming into force in accordance with reg. 1 of the amending Rule) by The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/142), regs. 1, 2(3)(b) (with reg. 3)