The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017

Day appointed for the coming into force of the universal credit provisions in Part 2 of the 2015 Order N.I.

4.—(1) The day appointed for the coming into force of the provisions of the 2015 Order referred to in paragraph (2) is 27th September 2017.

(2) The provisions referred to are—

(a) Article 34 (concurrent exercise of certain functions by Department of Education and Learning);

(b) Article 35 (delegation and contracting out);

(c) Article 43 (capability for work or work-related activity) for all remaining purposes;

(d) Article 44 (information);

(e) Article 45 (couples) for all remaining purposes;

(f) Article 46 (interpretation of Part 2) for all remaining purposes;

(g) the following paragraphs of Schedule 2 to the 2015 Order (universal credit : amendments) and Article 37 of the 2015 Order ( supplementary and consequential amendments) in so far as they are not already in force—

(i) paragraphs 1, 2, 28, 29, 31 to 33, 43, 44 and 54;

(ii) paragraphs 4, 8, 10 to 19, 21 and 23 to 27 and paragraph 3 in so far as it relates to those paragraphs; and

(iii) paragraphs 35, 36, 38, 40, 41(2) and 41(1) in so far as it relates to 41(2) and paragraph 34 in so far as it relates to those paragraphs and sub-paragraphs.

(3) The day appointed for the coming into force of the provisions of the 2015 Order listed in Schedule 1, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (4), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (5).

(4) The claims referred to are—

(a) a claim for universal credit that is made on or after 27th September 2017 in respect of a period that begins on or after 27th September 2017 where, on the date on which the claim is made, the claimant resides in the No. 1 relevant districts;

(b) a claim for universal credit that is made on or after 27th September 2017 in respect of a period that begins on or after 27th September 2017 where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in the No. 1 relevant districts and the claimant does not reside in those districts on the date on which the claim is made;

(ii) in the case of joint claimants, either or both of the joint claimants gives or give incorrect information regarding his or her (or their) residing in those districts and one or both of them does not or do not reside in those districts on the date on which the claim is made,

and after a decision is made that the single claimant is, or the joint claimants are, entitled to universal credit and one or more payments have been made in respect of the single claimant or the joint claimants, the Department discovers that incorrect information has been given regarding such residence.

(5) The day appointed in relation to the case of a claim referred to in paragraph (4), and any award that is made in respect of the claim, is the first day of the period in respect of which the claim is made.

(6) For the purposes of paragraph (5), where the time for making a claim for universal credit is extended under regulation 25(2) of the Claims and Payments Regulations 2016, the reference to the first day of the period in respect of which the claim is made or treated as made is a reference to the first day of the period in respect of which the claim is, by reason of the operation of that provision, timeously made or treated as made.

Modifications etc. (not altering text)

C1 Art. 4(6) 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. 3(4)

C2 Art. 4(6) 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. 3(4)

Commencement Information

I1 Art. 4 in operation at made date