The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017

Statutory Rules of Northern Ireland

2017 No. 216 (C. 13)

Social Security

The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017

Made

13th November 2017

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by Article 2(2), (3)(a) and (4) of the Welfare Reform (Northern Ireland) Order 2015(1).

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) and (b) of the Welfare Reform (Northern Ireland) Order 2015.

Citation

1.  This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017.

Interpretation

2.—(1) In this Order—

“the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

“the amending provisions” means the provisions referred to in Article 6(1)(a) to (c) of the No. 8 Order (day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance);

“claimant”—

(a)

in relation to an employment and support allowance, has the same meaning as in Part 1 of the Welfare Reform Act (Northern Ireland) 2007(2), save as mentioned in Article 7(1) of the No. 8 Order as applied by Article 4(7) of this Order;

(b)

in relation to a jobseeker’s allowance, has the same meaning as in the Jobseeker’s Order 1995(3) (as it applies apart from the amendments made by Part 1 of Schedule 12 to the 2015 Order that remove references to an income-based jobseeker’s allowance), save as mentioned in Article 7(1) of the No. 8 Order as applied by Article 4(7) of this Order;

(c)

in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order(4);

“the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(5);

“the Department” means the Department for Communities;

“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

“List of the No. 2 Relevant Districts” means the List of the No. 2 Relevant Districts issued by the Department on 15th November 2017(6);

“List of the No. 3 Relevant Districts” means the List of the No. 3 Relevant Districts issued by the Department on 15th November 2017;

“joint claimants”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order(7);

“No. 2 relevant districts” means the postcodes specified in the table in the List of the No. 2 Relevant Districts;

“No. 3 relevant districts” means the postcodes specified in the table in the List of the No. 3 Relevant Districts;

“the No. 8 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017;

“single claimant”, in relation to universal credit, has the same meaning as in Part 2 of the 2015 Order.

(2) For the purposes of this Order, the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(8) apply for the purposes of deciding—

(a) whether a claim for universal credit is made; and

(b) the date on which such a claim is made.

(3) For the purposes of this Order, the Claims and Payments Regulations 1987 apply, subject to paragraph (4) and (5), for the purposes of deciding—

(a) whether a claim for an employment and support allowance or a jobseeker’s allowance is made; and

(b) the date on which the claim is made or treated as made.

(4) Subject to paragraph (5), for the purposes of this Order—

(a) a person makes a claim for an employment and support allowance or a jobseeker’s allowance if they take any action which results in a decision on a claim being required under the Claims and Payments Regulations 1987; and

(b) it is irrelevant that the effect of any provision of those Regulations is that, for the purposes of those Regulations, the claim is not made or treated as made at a date that is earlier than the date on which that action is taken.

(5) Where, by virtue of—

(a) regulation 6(1D)(b) or (c) of the Claims and Payments Regulations 1987(9), in the case of a claim for an employment and support allowance; or

(b) regulation 6(4ZA) to (4ZD) and (4A)(a)(i) and (b) of those Regulations(10), in the case of a claim for a jobseeker’s allowance,

a claim for an employment and support allowance or a jobseeker’s allowance is treated as made at a date earlier than the date on which the action referred to in paragraph (4)(a) is taken, the claim is treated as made on that earlier date

Day appointed for the coming into force of the universal credit provisions

3.—(1) The day appointed for the coming into force of the provisions of the 2015 Order listed in Schedule 1 of the No. 8 Order, in so far as they are not already in force, in relation to the case of a claim referred to in paragraph (2), and any award that is made in respect of the claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit that is made on or after 15th November 2017 in respect of a period that begins on or after 15th November 2017 where, on the date on which the claim is made, the claimant resides in the No. 2 relevant districts;

(b) a claim for universal credit that is made on or after 13th December 2017 in respect of a period that begins on or after 13th December 2017 where, on the date on which the claim is made, the claimant resides in the No. 3 relevant districts;

(c) a claim for universal credit that is made on or after the date referred to in sub-paragraph (a) or (b) in respect of a period that begins on or after that date where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district 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 such a district and one or both of them does not or do not reside in such a district 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.

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), 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.

(4) Article 4(6) of the No. 8 Order applies for the purposes of paragraph (3) as it applies for the purposes of Article 4(5) of the No. 8.

(5) Article 5 of the No. 8 Order applies in connection with a claim for universal credit where a single claimant, or, as the case may be, either or both of joint claimants, gives or give incorrect information regarding his or her (or their) residing in one of the No. 2 or No. 3 relevant districts, as it applies in connection with the giving of incorrect information regarding a claimant residing in one of the No. 1 relevant districts (as defined in the No. 8 Order).

Day appointed for the abolition of income-related employment and support allowance and income-based jobseeker’s allowance

4.—(1) The day appointed for the coming into force of the amending provisions in relation to the case of a claim referred to in paragraph (2) and any award that is made in respect of such a claim, is the day appointed in accordance with paragraph (3).

(2) The claims referred to are—

(a) a claim for universal credit that is made on or after 15th November 2017 in respect of a period that begins on or after 15th November 2017 where, on the date on which the claim is made, the claimant resides in the No. 2 relevant districts;

(b) a claim for universal credit that is made on or after 13th December 2017 in respect of a period that begins on or after 13th December 2017 where, on the date on which the claim is made the claimant resides in the No. 3 relevant districts;

(c) a claim for universal credit that is made on or after the date referred to in either sub-paragraph (a) or (b), in respect of a period that begins on or after that date where—

(i) in the case of a single claimant, the claimant gives incorrect information regarding the claimant residing in a district as referred to in the sub-paragraph in question and the claimant does not reside in such a district 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 such a district and one or both of them does not or do not reside in such a district 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;

(d) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 15th November 2017 where, on the date on which the claim is made or treated as made, the claimant resides in the No. 2 relevant districts;

(e) a claim for an employment and support allowance or a jobseeker’s allowance that is made or treated as made on or after 13th December 2017 where, on the date on which the claim is made or treated as made, the claimant resides in the No. 3 relevant districts;

(f) a claim for an employment and support allowance or a jobseeker’s allowance other than one referred to in sub-paragraphs (d) or (e) that is made or treated as made during the relevant period by a single claimant of universal credit or by either of two joint claimants of universal credit who has or have made a claim for universal credit within any of sub-paragraphs (a) to (c).

(3) The day appointed in relation to the case of a claim referred to in paragraph (2), 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.

(4) For the purposes of paragraph (2)(f), “relevant period” means, in relation to a claim for universal credit within sub-paragraphs (a) to (c), any UC claim period, and any period subsequent to any UC claim period in respect of which the claimant is entitled to an award of universal credit in respect of the claim.

(5) For the purposes of paragraph (4), a “UC claim period” is a period when—

(a) a claim for universal credit within either sub-paragraph (a) or (b) of paragraph (2), or within sub-paragraph (c)(i) or (ii) of that paragraph, has been made but a decision has not yet been made on the claim; or

(b) a decision has been made that the claimant is not entitled to universal credit and—

(i) the Department is considering whether to revise that decision under Article 10 of the Social Security (Northern Ireland) Order 1998(11), whether on an application made for that purpose, or on the Department’s own initiative; or

(c) the claimant has appealed against that decision to the Appeal Tribunal(12) and that appeal or any subsequent appeal to the Commissioner(13) or to a court has not been finally determined.

(6) Paragraphs (4), (5), (6) and (7) of Article 6 of the No. 8 Order apply in relation to a claim for universal credit referred to in paragraph (2) (and any award that is made in respect of the claim) as they apply in relation to a claim for universal credit referred to in sub-paragraphs (a) and (b) of Article 6(2) of the No. 8 Order (and any award that is made in respect of the claim).

(7) Paragraphs (1) and (2) of Article 7 of the No. 8 Order apply for the purposes of sub-paragraph (c) of paragraph (2), as they apply for the purposes of Article 6(2)(c) of the No. 8 Order.

(8) Article 7(8) of the No. 8 Order applies for the purposes of paragraph (3) as it applies for the purposes of Article 6(3) of the No. 8 Order.

Application of the No. 8 Order

5.  Articles 10 to 23 of the No. 8 Order apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in Article 4(2), and any award made in respect of the claim, as they apply in connection with coming into force of the amending provisions in relation to the case of a claim referred to in Article 6(2) of the No. 8 Order and any award made in respect of the claim.

Transitional provision: claims for housing benefit, income support or a tax credit

6.  Article 24 of the No. 8 Order (prevention of claims for housing benefit, income support or a tax credit) applies as though the reference in paragraph (1) of that Article to Article 4(3) and (4)(a) of that Order included a reference to Article 3(1) and (2)(a) of this Order.

Signed by authority of the Secretary of State for Work and Pensions

Damian Hinds

Minister of State

Department for Work and Pensions

13th November 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I. 1) (“the 2015 Order”) that relate to universal credit (“UC”) and the abolition of income related employment and support allowance and income-based jobseeker’s allowance, in relation to cases set out in Articles 3 and 4.

Article 3 brings into force provisions relating to UC in Part 2 of the 2015 Order (“the UC provisions”), as set out in Schedule 1 to the Welfare Reform (Northern Ireland) Order 2015 (Commencement No.8 and Transitional and Transitory Provisions) Order 2017 (S.R. 2017 No. 190 C. 11) (“the No. 8 Order”)), in relation to the different cases as set out below.

Under Article 3(1) and (2)(a), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 15th November 2017 with respect to a period that begins on or after 15th November 2017 and, on the date on which the claim is made, the claimant resides in one of the No. 2 relevant districts. Article 3(2)(b) makes the same provision for claims made on or after 13th December 2017 where the claimant resides in one of the No. 3 relevant districts.

The postcodes in the No. 2 and the No. 3 relevant districts are set out in the table contained in the documents entitled the List of the No. 2 Relevant Districts and the List of the No. 3 Relevant Districts, issued by the Department for Communities on the date of making this Order. The documents are available in the libraries of both Houses of Parliament and may also be obtained free of charge from the Social Security Policy and Legislation Division, Department for Communities, Level 8 Causeway Exchange, 1-7 Bedford Street, Belfast BT2 7EG, in hard copy, or from the Department for Communities website, in soft copy, at: Universal Credit roll out by postcode | Department for Communities

Under Article 3(1) and (2)(c), the UC provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after the dates referred to in Article 3(2)(a) or (b) in respect of a period that begins on or after those dates and provides incorrect information regarding the claimant residing in the areas in question, but this is only discovered once payments of UC have been made.

Under Article 3(3) the day appointed for the coming into force of the UC provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (4) and (5) of Article 3 apply the provisions of Article 4(6) (period for which a claim for UC is made) and Article 5 (incorrect information regarding residence in the no. 1 relevant districts) of the No. 8 Order respectively to the cases in Article 3(2) of this Order.

Article 4 brings into force provisions of the 2015 Order relating to the abolition of income-related employment and support allowance and income-based jobseeker’s allowance (“the amending provisions”), in relation to a number of different cases as referred to below.

Under Article 4(1) and (2)(a), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claim is made on or after 15th November 2017 with respect to a period that begins on or after 15th November 2015 and, on the date on which the claim is made, the claimant resides in one of the No. 2 relevant districts. Sub-paragraph (2)(b) of Article 4 makes the same provision for claims made on or after 13th December 2017 where the claimant resides in one of the No. 3 relevant districts.

Under Article 4(1) and (2)(c), the amending provisions come into force in relation to a claim for UC, and any award that is made in respect of the claim, where the claimant claims UC on or after the dates referred to in Article 4(2)(a) or (b) in respect of a period that begins on or after those dates and provides incorrect information regarding the claimant residing in the areas in question, but this is only discovered once payments of UC have been made.

Under Article 4(1) and sub-paragraphs (d) and (e) of paragraph (2), the amending provisions come into force in relation to a claim for an employment and support allowance (“ESA”) or a jobseeker’s allowance (“JSA”), and any award that is made in respect of the claim, where the claim is made on or after the dates referred to in any of those sub-paragraphs and, on the date on which the claim is made, the claimant resides in the area specified in that sub-paragraph.

Under Article 4(1) and (2)(f), the amending provisions come into force in relation to the case of a claim for ESA or JSA where the claim is not a claim for ESA or JSA as referred to in Article 4(2)(d) or (e) and where the claim is made during the “relevant period” (mainly the period when a claim for UC is being considered or an award of UC is extant).

Under Article 4(3), the day appointed for the coming into force of the amending provisions in the above cases is the first day of the period in respect of which the claim is made.

Paragraphs (6) to (8) of Article 4 apply the provisions of Article 6(4), (5), (6) and (7) (matters included in the reference to the case of a claim for UC) and Article 7(1), (2) (claim for ESA or JSA by a member of a couple) and (8) (the period for which a claim for ESA, JSA or UC is made) of the No. 8 Order to the cases in Article 4(2).

Article 5 provides that Articles 10 to 23 of the No. 8 Order apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in Article 4(2), and any award made in respect of the claim, as they apply in connection with the coming into force of the amending provisions in relation to the case of a claim referred to in Article 6(2) of the No. 8 Order, and any award made in respect of the claim.

Article 6 contains transitional provisions that provide that, save in specified cases, a person may not make a claim for housing benefit, income support or a tax credit on any date where, if that person made a claim for UC on that date, the UC provisions would come into force in relation to the claim by virtue of Article 3(1) and (2)(a) or (b) of this Order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.R. number
Article 6 (partially)	27th September 2017	2017 No. 190
Article 7 (partially)	2nd May 2016	2016 No. 215
Article 7 to 29 (partially)	27th September 2017	2017 No. 190
Articles 9 to 17 (partially)	2nd May 2016	2016 No. 215
Articles 18 to 27 (partially)	2nd May 2016	2016 No. 215
Article 29 (partially)	2nd May 2016	2016 No. 215
Article 30	2nd May 2016	2016 No. 215
Articles 31 and 32 (partially)	2nd May 2016	2016 No. 215
Articles 31 and 32 (partially)	27th September 2017	2017 No. 190
Article 33	2nd May 2016	2016 No. 215
Article 34 and 35	27th September 2017	2017 No. 190
Articles 36 to 38	2nd May 2016	2016 No. 215
Article 39 (partially)	2nd May 2016	2016 No. 215
Article 39 (partially)	27th September 2017	2017 No. 190
Articles 41 and 42	2nd May 2016	2016 No. 215
Article 43 (partially)	2nd May 2016	2016 No. 215
Article 43 (remaining)	27th September 2017	2017 No. 190
Article 44	27th September 2017	2017 No. 190
Articles 45 to 47 (partially)	2nd May 2016	2016 No. 215
Articles 45 and 46 (remaining)	27th September 2017	2017 No. 190
Articles 48 and 49	2nd May 2016	2016 No. 215
Article 50 (partially)	2nd May 2016	2016 No. 215
Article 50 (partially)	27th September 2017	2017 No. 190
Article 51 and 52 (partially)	1st June 2016	2016 No. 234
Article 51 and 52 (remaining)	27th September 2017	2017 No. 190
Article 53	17th February 2016	2016 No. 46
Article 54	2nd May 2016	2016 No. 215
Article 55 (partially)	2nd May 2016	2016 No. 215
Article 55 (partially)	27th September 2017	2017 No. 190
Article 56	17th February 2016	2016 No. 46
Article 57 (partially)	17th March 2016	2016 No. 46
Article 57 (remaining)	28th November 2016	2016 No. 46
Article 58	28th November 2016	2016 No. 46
Article 59	17th February 2016	2016 No. 46
Article 60 (partially)	2nd May 2016	2016 No. 215
Article 60 (partially)	27th September 2017	2017 No. 190
Article 61	27th September 2017	2017 No. 190
Article 62	1st June 2016	2016 No. 234
Article 63 (partially)	2nd May 2016	2016 No. 215
Article 63 (partially)	27th September 2017	2017 No. 190
Article 64	16th January 2017	2016 No. 46
Article 70 (partially)	1st June 2016	2016 No. 234
Article 70 (remaining)	31st October 2016	2016 No. 234
Article 71	31st October 2016	2016 No. 234
Article 72 (partially)	2nd May 2016	2016 No. 215
Article 72 (partially)	1st June 2016	2016 No. 234
Articles 73 and 74	31st October 2016	2016 No. 234
Article 75	9th September 2016	2016 No. 325
Article 76 (partially)	31st March 2017	2016 No. 411
Article 76 (partially)	28th November 2016	2016 No. 411
Article 77 to 79	17th February 2016	2016 No. 46
Articles 82 to 84 (partially)	2nd May 2016	2016 No. 215
Articles 82 to 84 (remaining)	20th June 2016	2016 No. 215
Articles 85 and 86	2nd May 2016	2016 No. 215
Article 87	20th June 2016	2016 No. 215
Article 88 (partially)	2nd May 2016	2016 No. 215
Article 88 (remaining)	20th June 2016	2016 No. 215
Articles 89 to 91	2nd May 2016	2016 No. 215
Article 92 (partially)	2nd May 2016	2016 No. 215
Article 92 (remaining)	20th June 2016	2016 No. 215
Articles 93 and 94	20th June 2016	2016 No. 215
Articles 96 to 99	2nd May 2016	2016 No. 215
Article 100 (partially)	2nd May 2016	2016 No. 215
Article 100 (remaining)	20th June 2016	2016 No. 215
Articles 101 and 102	17th February 2016	2016 No. 46
Articles 103 to 106	2nd May 2016	2016 No. 215
Article 107 (partially)	17th March 2016	2016 No. 166
Article 108	2nd May 2016	2016 No. 215
Article 109 (partially)	4th April 2016	2016 No. 46
Articles 109 (partially)	2nd May 2016	2016 No. 215
Articles 109 (partially)	20th June 2016	2016 No. 215
Articles 109 (remaining)	27th September 2017	2017 No. 190
Articles 110 (partially)	2nd May 2016	2016 No. 215
Articles 110 (remaining)	20th June 2016	2016 No. 215
Articles 111 to 113	17th February 2016	2016 No. 46
Articles 115 and 116	4th April 2016	2016 No. 46
Articles 117 and 118 (partially)	2nd May 2016	2016 No. 215
Articles 120 to 125	17th February 2016	2016 No. 46
Article 127 (partially)	17th February 2016	2016 No. 46
Articles 129 to 133	17th February 2016	2016 No. 46
Article 134	27th September 2017	2017 No. 190
Articles 135 to 140	17th February 2016	2016 No. 46
Schedule 1 (partially)	2nd May 2016	2016 No. 215
Schedule 2 (partially)	2nd May 2016	2016 No. 215
Schedule 2 (partially)	10th July 2017	2017 No. 118
Schedule 2 (partially)	27th September 2017	2017 No. 190
Schedule 3 (partially)	2nd May 2016	2016 No. 215
Schedule 3 (partially)	27th September 2017	2017 No. 190
Schedule 5 (partially)	2nd May 2016	2016 No. 215
Schedule 6	2nd May 2016	2016 No. 215
Schedule 7 (partially)	2nd May 2016	2016 No. 215
Schedule 7 (partially)	1st June 2016	2016 No. 234
Schedule 7 (partially)	27th September 2017	2017 No. 190
Schedule 8 (partially)	28th November 2016	2016 No. 411
Schedule 8 (partially)	31st March 2017	2016 No. 411
Schedule 8 (remaining)	27th September 2017	2017 No. 190
Schedule 9 (partially)	2nd May 2016	2016 No. 215
Schedule 9 (partially)	20th June 2016	2016 No. 215
Schedule 10	2nd May 2016	2016 No. 215
Schedule 11 (partially)	17th March 2016	2016 No. 166
Schedule 12 (partially)	28th November 2016	2016 No. 411
Schedule 12 (partially)	31st March 2017	2016 No. 411
Schedule 12 (partially)	17th February 2016	2016 No. 46
Schedule 12 (partially)	31st October 2016	2016 No. 234
Schedule 12 (partially)	27th September 2017	2017 No. 190
Schedule 12 (partially)	27th September 2017	2017 No. 190

(1)

S.I. 2015/2006 (N.I. 1).

(2)

2007 c. 2 (N.I.).

(3)

S.I. 1995/2705 (N.I. 15).

(4)

See Article 46.

(5)

S.R. 1987 No. 465.

(6)

See the Explanatory Note for details of the internet publishing and availability of the List of the No 2 and No. 3 Relevant Districts; a copy is also being published in the libraries of both Houses of Parliament.

(7)

See Article 46.

(8)

S.R. 2016 No. 220.

(9)

Regulation 6(1D) was inserted by regulation 13(6) of S.R. 2008 No. 286 and substituted by regulation 2(6)(c) of S.R. 2009 No. 240.

(10)

Regulation 6(4ZA-4ZD) was inserted by regulation 2(5)(c) of S.R. 2000 No. 365 and amended by regulation 2(6)(d) of S.R. 2009 No. 240. Regulation 6(4A) was inserted by regulation 2(5)(c) of S.R. 1996 No. 354 and substituted by regulation 3(4)(d) of S.R. 1997 No. 156 and amended by regulation 2(4)(b)(i) and (ii) of S.R. 2000 No. 365, paragraph 2(4) of Schedule 2 to S.R. 2001 No. 175, regulation 2(6)(e) of S.R. 2009 No. 240.

(11)

S.I. 1998/1506 (N.I. 10).

(12)

See Article 39 of the Social Security (Northern Ireland) Order 1998 for the meaning of Appeal Tribunal.

(13)

Commissioner means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 2 or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998.