The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016

Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations

43.—(1) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (7).

(2) In the title of the regulations for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

(3) In regulation 1 (citation and commencement) for “Jobseeker’s Allowance and Income Support” substitute “Benefits”.

(4) In regulation 2(1) (interpretation)(2)—

(a) in the definition of “recoupable benefit”, after “income-related employment and support allowance” insert “, universal credit”; and

(b) after the definition of “the Secretary of the Tribunals” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”.

(5) In regulation 4(1) and (8) (duties of the industrial tribunals and of the Secretary of the Tribunals in respect of monetary awards)(3) after “income-related employment and support allowance” insert “, universal credit”.

(6) In regulation 8 (recoupment of benefit)(4)—

(a) in paragraph (1) after “income-related employment and support allowance” insert “, universal credit”;

(b) in paragraph (2)(b) at the beginning insert “(i)” and after “is attributable” insert—

“; or

(ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the period to which the prescribed element is attributable, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the period to which the prescribed element is attributable”;

(c) in paragraph (3)(b), at the beginning insert “(i)” and after “described in sub-paragraph (a)” insert—

“; or

(ii) in the case of an employee entitled to an award of universal credit for any period (“the UC period”) which coincides with any part of the protected period falling before the date described in (a) above, any amount paid by way of or on account of universal credit for the UC period that would not have been paid if the person’s earned income for that period was the same as immediately before the protected period”; and

(d) after paragraph (11) insert—

“(12) For the purposes of paragraphs (2)(b)(ii) and (3)(b)(ii) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.”.

(7) In regulation 10(1) and (2) (provisions relating to determination of amount paid by way of or paid as on account of benefit)(5) after “income-related employment and support allowance” insert “, universal credit”.

(1)

S.R. 1996 No. 459

(2)

Regulation 2(1) was amended by regulation 5 of S.R. 2010 No. 345

(3)

Regulation 4 was amended by regulation 5 of S.R. 2010 No. 345

(4)

Regulation 8 was amended by regulation 5 of S.R. 2010 No. 345

(5)

Regulation 10 was amended by Article 12 (3) and (4) of S.R. 1999 No. 472 and regulation 5 of S.R 2010 No. 345