2017 No. 146
The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017
Made
Laid before Parliament
Coming into operation in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following regulations in exercise of the powers conferred by Articles 17(1), 22(4), 23(3), 24(2)(d), 30(a) and 48(2)(a) of the Welfare Reform (Northern Ireland) Order 20151 and Article 22(1) of the Welfare Reform and Work (Northern Ireland) Order 20162.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order.
Citation and commencement1
1
These regulations may be cited as the Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017.
2
These regulations, except for the provisions listed in paragraphs (3) and (4), come into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 20163.
3
Paragraphs 1 and 3 to 7 of Schedule 1 come into operation immediately after the coming into operation of the Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 20164.
4
Paragraph 2 of Schedule 1 comes into operation immediately after the coming into operation of the Social Security (Miscellaneous Amendments) Regulations 20175.
PART 1Limited capability for work element
Amendments to the Universal Credit Regulations (Northern Ireland) 20162
1
The Universal Credit Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) to (6).
2
In regulation 2 (interpretation) for the definition of ““LCW element” and “LCWRA element”” substitute—
“LCWRA element” has the meaning in regulation 28;
3
In regulation 28 (award to include LCW and LCWRA elements)—
a
in the heading for “LCW and LCWRA elements” substitute “LCWRA element”;
b
for paragraph (1) substitute—
1
An award of universal credit is to include an amount in respect of the fact that a claimant has limited capability for work and work-related activity (“the LCWRA element”).
c
in paragraph (2) for “amounts of those elements are” substitute “amount of that element is”;
d
in paragraph (3) omit “work or for”; and
e
for paragraph (4) substitute—
4
In the case of joint claimants, where each of them has limited capability for work and work-related activity, the award is only to include one LCWRA element.
4
In regulation 29 (period for which the LCW or LCWRA element is not to be included)—
a
in the heading and in paragraphs (1), (2)(a) and (3)(a) omit “LCW or”;
b
in paragraph (5)(b)(i) omit “or the work-related activity component”; and
c
omit paragraph (6).
5
For regulation 30(4) (award to include the carer element) substitute—
4
Where an amount would, apart from this paragraph, be included in an award in relation to a claimant by virtue of paragraphs (1) to (3), and the claimant has limited capability for work and work-related activity (and, in the case of joint claimants, the LCWRA element has not been included in respect of the other claimant), only the LCWRA element may be included in respect of the claimant.
6
In regulation 38 (amounts of elements)—
a
in paragraph (1) for “LCW and LCWRA elements” substitute “LCWRA element”; and
b
in the table—
i
for the row “LCW and LCWRA elements” substitute “LCWRA element”;
ii
omit the row under “LCWRA element” (as amended by paragraph (i)) showing the amount for limited capability for work.
Amendments to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 20163
1
The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 20166 are amended in accordance with paragraphs (2) to (5).
2
In regulation 19 (transition from old style ESA)—
a
for paragraph (1)(b) substitute—
b
on or before the relevant date it had been determined that the claimant had limited capability for work or limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act).
b
in paragraph (2)—
i
for “was entitled to the work-related activity component” substitute “had limited capability for work (within the meaning of Part 1 of the 2007 Act)”;
ii
omit sub-paragraph (a); and
iii
in sub-paragraph (b) omit “regulation 28(1)(a) of those regulations and”;
c
omit paragraph (3);
d
in paragraph (4) for “was entitled to the support component” substitute “had limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act) or was treated as having limited capability for work-related activity”;
e
in paragraph (6) for “was entitled to the work-related activity component or, as the case may be, the support component” substitute “had limited capability for work or, as the case may be, limited capability for work-related activity (within the meaning of Part 1 of the 2007 Act)”;
f
in paragraph (8)—
i
for the definition of ““assessment phase”, “support component” and “work-related activity component”” substitute—
“assessment phase” has the same meaning as in the 2007 Act;
ii
for the definition of ““LCW element” and “LCWRA element”” substitute—
“LCWRA element” has the same meaning as in the Universal Credit Regulations.”
g
in paragraph (9) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”; and
h
after paragraph (9) add—
10
For the purposes of this regulation, references to a determination that the claimant had limited capability for work do not include a determination made under regulation 30 of the ESA Regulations 2008 (conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made).
3
In regulation 20 (transition from old style ESA before the end of the assessment phase)—
a
in paragraph (2)(a) omit “LCW or”; and
b
omit paragraph (3)(b).
4
In regulation 21(2)(a) (transition from jobseeker’s allowance following an extended period of sickness), omit “LCW or”.
5
In regulation 22 (other claimants with limited capability for work: credits only cases)—
a
in paragraph (2)—
i
omit sub-paragraph (a); and
ii
in sub-paragraph (b) omit “regulation 28(1)(a) of those Regulations and”;
b
omit paragraph (3);
c
omit paragraph (7)(b); and
d
in paragraph (9)(d) and (e) for “, 2(3)(a), 4(4)(a) and 4(5)(a)” substitute “and 4(4)(a)”.
PART 2Work-related requirements
Amendment of the Universal Credit Regulations (Northern Ireland) 20164
In regulation 87(2) of the Universal Credit Regulations (Northern Ireland) 2016 (expected hours)—
a
in sub-paragraph (a)(i) after “responsible carer” insert “(subject to the following sub-paragraphs)”;
b
after sub-paragraph (a) insert—
aa
where the claimant is a responsible carer of a child who has not yet reached compulsory school age, the number of hours that the Department considers is compatible with those caring responsibilities;
c
in sub-paragraph (b) after “a child” insert “who has reached compulsory school age but who is”.
Consequential, transitional and savings provisions5
1
Schedule 1 contains amendments to secondary legislation as a consequence of the amendments made by these Regulations.
2
Schedule 2 contains transitional and savings provisions.
Signed by authority of the Secretary of State for Work and Pensions
SCHEDULE 1Amendments to secondary legislation consequential on removal of limited capability for work element
Amendment to the Income Support (General) Regulations (Northern Ireland) 19871
In paragraph 1(3)(e) of Schedule 3 (housing costs) to the Income Support (General) Regulations (Northern Ireland) 19877, for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016”.
Amendment to the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 19882
For regulation 1A(3)(f)(ii) (prescribed descriptions of persons) of the Social Fund (Cold Weather Payments) (General) Regulations 19878, substitute—
ii
P has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016.
Amendment to the Jobseeker’s Allowance Regulations (Northern Ireland) 19963
In paragraph 1(3)(f) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations (Northern Ireland) 19969, for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016”.
Amendment to the Education (Student Loans) Regulations (Northern Ireland) 19984
In paragraph 1 of Schedule 2 (terms of loans) to the Education (Student Loans) Regulations (Northern Ireland) 199810, in sub-paragraph (e) of the definition of “disability related benefits” omit “limited capability for work or”.
Amendment to the State Pension Credit Regulations (Northern Ireland) 20035
In paragraph 1(2)(b)(v) of Schedule 2 (housing costs) to the State Pension Credit Regulations (Northern Ireland) 200311, for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016”.
Amendment to the Employment and Support Allowance Regulations (Northern Ireland) 20086
For paragraph 1(3)(e) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations (Northern Ireland) 200812, for the words from “the calculation of which” to the end substitute “and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016”.
Amendment to the Education (Student Support) (No. 2) Regulations (Northern Ireland) 20097
In regulation 43(2)(h)(i) (interpretation) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 200913, for “LCW and LCWRA elements” substitute “”LCWRA element” and omit “limited capability for work or”.
SCHEDULE 2Transitional and savings provisions
Transitional and savings provisions: General1
1
The amendments made by regulations 2 and 3 and paragraphs 4 and 7 of Schedule 1 do not apply —
a
where a claimant has an award of universal credit in any of the circumstances in the following paragraphs; and
b
for so long as the claimant continues without any break to be entitled to universal credit and to have limited capability for work.
2
For the purposes of sub-paragraph (1)(b), the reference to continuous entitlement to universal credit includes where an award has terminated and a further award is made and—
a
immediately before the further award commences, the previous award has terminated because the claimant ceased to be a member of a couple or became a member of a couple; or
b
within the six months beginning with the date that the further award commences, the previous award has terminated because the financial condition in Article 10(1)(b) or, if it was a joint claim, Article 10(2)(b), of the Welfare Reform (Northern Ireland) Order 2015 was not met.
3
In this Schedule—
“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 200714;
“LCW element” and “LCWRA element” have the meanings in regulation 28 of the Universal Credit Regulations (Northern Ireland) 2016 as it has effect apart from the amendments made by regulation 4(4) (which removes references to the LCW element);
“limited capability for work” has the meaning given in Article 43(1) of the Welfare Reform (Northern Ireland) Order 201515.
4
The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 201616 apply for the purpose of deciding the date on which a claim is made or is to be treated as made.
Claimants who appeal or seek revision of a decision relating to employment and support allowance2
The first circumstance is where—
a
the claimant appeals or seeks revision under Article 10 of the Social Security (Northern Ireland) Order 199817 of a decision relating to the entitlement of the claimant to an employment and support allowance, where the claim for employment and support allowance was made or treated as made before 3rd April 2017; and
b
on or after 3rd April 2017 the Department under Article 10 of the Social Security (Northern Ireland) Order 1998 revises an award of universal credit so as to include the LCW element.
Claimants entitled to employment and support allowance before 3rd April 20173
The second circumstance is where immediately before 3rd April 2017 the claimant was entitled to employment and support allowance and remains so entitled throughout the period beginning with 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.
Claimants entitled to be credited with earnings under the Social Security (Credits) Regulations (Northern Ireland) 1975 before 3rd April 20174
The third circumstance is where—
a
immediately before 3rd April 2017—
i
the claimant entitled to the award was entitled to be credited with earnings equal to the lower earnings limit then in force in respect of a week to which regulation 8B(2)(a)(iv), (iva) or (v) of the Social Security (Credits) Regulations (Northern Ireland)197518 applies; and
ii
paragraph 3 does not apply to that claimant; and
b
the claimant is so entitled in respect of each week that falls in the period beginning with 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.
Claimants entitled to income support or other incapacity benefits before 3rd April 20175
The fourth circumstance is where regulation 23, 24, 25, 27 or 28 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 201619 applies to the claimant throughout the period beginning immediately before 3rd April 2017 and ending with the date on which the claim for universal credit is made or treated as made.
(This note is not part of the Regulations)