PART 1Limited capability for work element

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)”.