- Latest available (Revised)
- Point in Time (31/01/2019)
- Original (As made)
Point in time view as at 31/01/2019.
There are currently no known outstanding effects for the The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017, Section 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
16.—(1) This Article applies where—
(a)the amending provisions have come into force under Article 6(1) in relation to the case of a claim for universal credit referred to in Article 6(2) (and any award that is made in respect of the claim);
(b)the person in question had an old style ESA award immediately before the appointed day which consisted of or included a contributory allowance (which allowance therefore continues as a new style ESA award); and
(c)immediately before the appointed day, payments under that award were reduced in accordance with regulation 63 of the ESA Regulations 2008 (reduction of employment and support allowance).
(2) Where this Article applies—
(a)the failure which led to reduction of the old style ESA award (“the relevant failure”) is to be treated for the purposes of Part 8 of the ESA Regulations 2016, as a failure which is sanctionable under section 11J of the 2007 Act (sanctions);
(b)on and after the appointed day, the award (in its continuation as a new style ESA award) is to be reduced in relation to the relevant failure, in accordance with the provisions of this article and Part 8 of the ESA Regulations 2016 as modified by this article; and
(c)the reduction referred to in sub-paragraph (b) is to be treated, for the purposes of the ESA Regulations 2016, as a reduction under section 11J of the 2007 Act.
(3) The reduction period for the purposes of the ESA Regulations 2016 is to be the number of days which is equivalent to the length of the fixed period applicable to the person under regulation 63 of the ESA Regulations 2008 in relation to the relevant failure, minus the number of days (if any) in the period in respect of which the amount of the old style ESA award was reduced.
(4) Accordingly, regulation 51 of the ESA Regulations 2016 (general principles for calculating reduction periods) applies in relation to the relevant failure as if—
(a)in paragraph (1), for the words “in accordance with regulations 52 and 53” there were substituted the words “in accordance with Article 16 of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017”; and
(b)in paragraph (3), for the words “in accordance with regulation 52 or 53” there were substituted the words “in accordance with Article 16 of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017”.
Modifications etc. (not altering text)
C1Arts. 10-23 applied (13.11.2017) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017 (S.R. 2017/216), art. 5
C2Arts. 10-23 applied (15.1.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 10 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2018 (S.R. 2018/1), art. 5
C3Arts. 10-23 applied (9.5.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 11 and Transitional and Transitory Provisions) Order 2018 (S.R. 2018/97), art. 5
C4Arts. 10-23 applied (19.7.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 12 and Transitional and Transitory Provisions and Commencement No. 9, 10 and 11 and Transitional and Transitory Provisions (Amendment)) Order 2018 (S.R. 2018/138), art. 5
C5Arts. 10-23 apllied (31.1.2019) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019 (S.R. 2019/7), art. 2(12)
Commencement Information
I1Art. 16 in operation at made date
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: