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The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

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This is the original version (as it was originally made).

Termination of awards of certain existing benefits: other claimants

This section has no associated Explanatory Memorandum

6.—(1) This regulation applies where—

(a)a claim for universal credit (other than a claim which is treated, in accordance with regulation 8(8) of the Claims and Payments Regulations, as having been made) is made; and

(b)the Department is satisfied that the claimant meets the basic conditions specified in Article 9(1)(a) to (d) of the Order (other than any of those conditions which they are not required to meet by virtue of regulations under Article 9(2) of the Order).

(2) Subject to paragraph (3), where this paragraph applies, all awards of income support, housing benefit or a tax credit to which the claimant (or, in the case of joint claimants, either of them) is entitled on the date on which the claim is made are to terminate, by virtue of this regulation—

(a)on the day before the first date on which the claimant is entitled to universal credit in connection with the claim; or

(b)if the claimant is not entitled to universal credit, on the day before the first date on which they would have been so entitled, if all of the basic and financial conditions applicable to the claimant had been met.

(3) An award of housing benefit to which a claimant is entitled in respect of specified accommodation does not terminate by virtue of this regulation.

(4) Where this regulation applies and the claimant (or, in the case of joint claimants, either of them) is treated by regulation 9 (ongoing awards of tax credits) as being entitled to a tax credit—

(a)the claimant (or, as the case may be, the relevant claimant) is to be treated, for the purposes of the Tax Credits Act 2002 and this regulation, as having made a claim for the tax credit in question for the current year; and

(b)if the claimant (or the relevant claimant) is entitled on the date on which the claim for universal credit was made to an award of a tax credit which is made in respect of a claim which is treated as having been made by virtue of sub-paragraph (a), that award is to terminate, by virtue of this regulation—

(i)on the day before the first date on which the claimant is entitled to universal credit, or

(ii)if the claimant is not entitled to universal credit, on the day before the first date on which he or she would have been so entitled, if all of the basic and financial conditions applicable to the claimant had been met.

(5) Where an award terminates by virtue of this regulation, any legislative provision under which the award terminates on a later date does not apply.

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