PART 1Introductory

InterpretationI12

1

In these Regulations—

  • “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 19872;

  • “the Jobseekers Order 1995” means the Jobseekers (Northern Ireland) Order 19953;

  • “the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations (Northern Ireland) 19964;

  • “the Social Security Order 1998” means the Social Security (Northern Ireland) Order 19985;

  • “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 20066;

  • “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 20067;

  • “the 2007 Act” means the Welfare Reform Act (Northern Ireland) 20078;

  • “the ESA Regulations 2008” means the Employment and Support Allowance Regulations (Northern Ireland) 20089;

  • “the ESA (Transitional Provisions) Regulations 2010” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 201010;

  • “the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 201611;

  • “the Order” means the Welfare Reform (Northern Ireland) Order 2015;

  • “the Universal Credit Regulations” means the Universal Credit Regulations (Northern Ireland) 201612;

  • “Appeal Tribunal” has the same meaning as in Article 39 of the Social Security Order 1998;

  • “assessment period” has the same meaning as in regulation 22 of the Universal Credit Regulations;

  • “capital” has the same meaning as in Part 6 of the Universal Credit Regulations;

  • “Commissioner” has the same meaning as in the Social Security Order 1998;

  • “couple” has the same meaning as it has in Article 45 of the Order;

  • “claimant” in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the 2007 Act and the Jobseekers Order 1995 (as it applies apart from the amendments made by Part 1 of Schedule 12 to the Order that remove references to an income-based jobseeker’s allowance) respectively and, in relation to universal credit, has the same meaning as in Part 1 of the Order;

  • “existing benefit” means income-based jobseeker’s allowance, income-related employment and support allowance, income support, housing benefit and child tax credit and working tax credit under the Tax Credits Act 200213 but see also regulation 26(2);

  • “housing benefit” means housing benefit under section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • “income-based jobseeker’s allowance” has the same meaning as in Article 3(4) of the Jobseekers Order 1995;

  • “income-related employment and support allowance” means an income-related allowance under section 1(7) in Part 1 of the 2007 Act;

  • “income support” means income support under section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • “joint-claim jobseeker’s allowance” means old style JSA, entitlement to which arises by virtue of Article 3(2B) of the Jobseekers Order 199514;

  • “joint claimants” in relation to universal credit has the same meaning as in Part 2 of the Order;

  • “new claimant partner” has the meaning given in regulation 5;

  • “new style ESA” means an allowance under Part 1 of the 2007 Act as amended by Schedule 3, and Part 1 of Schedule 12, to the Order to remove references to an income-related allowance;

  • “new style JSA” means an allowance under the Jobseekers Order 1995 as amended by Part 1 of Schedule 12, to the Order to remove references to an income-based allowance;

  • “old style ESA” means an employment and support allowance under Part 1 of the 2007 Act as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Order that remove references to an income-related allowance;

  • “old style JSA” means a jobseeker’s allowance under the Jobseekers Order 1995 as that Order has effect apart from the amendments made by Part 1 of Schedule 12 to the Order that remove references to an income-based allowance;

  • “partner” in relation to a person (“A”) means a person who forms part of a couple with A15;

  • “personal independence payment” means an allowance under Part 5 of the Order;

  • “specified accommodation” means accommodation to which one or more of sub-paragraphs (2) to (5) of paragraph 4 of Schedule 1 to the Universal Credit Regulations applies;

  • “tax credit” (including “child tax credit” and “working tax credit”), “tax credits” and “tax year” have the same meaning as in the Tax Credits Act 2002.

2

For the purposes of these Regulations—

a

the date on which a claim for universal credit is made is to be determined in accordance with regulation 9 of the Claims and Payments Regulations;

b

where a couple is treated, in accordance with regulation 8(8) of the Claims and Payments Regulations, as having made a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple;

c

where a regulation refers to entitlement to an existing benefit on the date on which a claim for universal credit is made or treated as made, such entitlement is to be taken into account notwithstanding the effect of regulations 3, 5 and 6 or termination of an award of the benefit before that date by virtue of an order made under Article 2 of the Order;

d

notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 195416, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.