2019 No. 107 (C. 4)
The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions (Amendment)) Order 2019
Made
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 20151.
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 and interpretation1
1
This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions (Amendment)) Order 2019.
2
In this Order, “the No. 13 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 20192.
Amendment of the No. 13 Order2
1
The No. 13 Order is amended as follows.
2
In Article 2—
a
in paragraph (1)—
i
before “the 2002 Act”, insert—
“the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19923;
ii
omit the definition of “couple”;
b
c
in paragraph (3), after “Article 6(2)” insert “and Article 8(2)(b)”;
d
in paragraph (4)(b)—
i
at the start, insert “save in Article 7(3)(a),”;
ii
after “part of a”, insert “mixed-age”;
iii
for “the claim being made, or the person” substitute “a person claiming or”;
iv
for “a person” substitute “the person”; and
v
omit “(save in Article 7(3)) a member of”.
3
In Article 7—
a
in the heading, before “polygamous marriages” insert “application of the rules in universal credit for treatment of couples and”;
b
in paragraph (1), for “party to a polygamous marriage” substitute “member of a mixed-age couple”;
c
for paragraph (2) substitute—
2
For the purposes of paragraph (3)—
a
all secondary legislation relevant to assessment of entitlement to state pension credit or housing benefit applies so that claims and awards may be made in respect of the party specified in paragraph (3)(a) or (b) as a part of a couple or as a single person respectively; and
b
the following rules in regulation 3 of the Universal Credit Regulations (Northern Ireland) 2016 apply—
i
the rule in paragraph (2) (treatment of certain couples), which establishes that a member of a couple may make a claim as a single person;
ii
the rule in paragraph (3) (treatment of polygamous marriages), which establishes that two of the parties to a polygamous marriage are to be treated as a couple and the remaining party (or parties) as a single person (or single persons);
iii
the rule in paragraph (5) (absence from the household), which establishes that members of a couple may cease to be treated as a couple.
d
in paragraph (3)—
i
in sub-paragraph (a), for “(2)(a)” substitute “(2)(b)(ii)”;
ii
in sub-paragraph (b), for “(2)(a)” substitute “(2)(b)(i) to (iii)”.
4
After Article 7 insert—
Transitional provision: where restrictions on claims for universal credit are in place8
1
This Article applies to a member of a mixed-age couple who, further to Articles 3 to 7, is excluded from entitlement to state pension credit or housing benefit, and is also prevented from claiming universal credit by virtue of—
a
regulation 2A of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (claims for universal credit may not be made in an area or category of case)6;
b
regulation 2B of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium)7; or
c
Article 2(11) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers)8.
2
Where this Article applies, the member of the mixed-age couple who has attained the qualifying age for state pension credit is, for the purposes of an award of benefit referred to in the following sub-paragraphs to that member, to be treated as—
a
meeting the basic condition of entitlement (upper age limit) for—
i
income support, in section 123(1)(aa) of the 1992 Act9;
ii
a jobseeker’s allowance, in Article 3(2)(h) of the 1995 Order, or
iii
an employment and support allowance, in section 1(3)(c) of the 2007 Act; and
b
not having attained that age for housing benefit, for the purposes of regulation 5 of the Housing Benefit Regulations (Northern Ireland) 200610 and regulation 5 of the Housing Benefit SPC Regulations, so that the Housing Benefit Regulations (Northern Ireland) 2006 apply to the assessment of the award.
3
This Article continues to apply until the award of benefit referred to in paragraph (2)(a) or (b) terminates, regardless of whether paragraph (1)(a), (b) or (c) continues to apply throughout the award.
4
Where a member of a mixed-age couple who has attained the qualifying age for state pension credit is entitled to income support by virtue of paragraph (2)(a)(i), references to a claimant’s partner in paragraphs 9 and 9A (conditions for pensioner premium)11 and in paragraph 10 (condition for higher pensioner premium)12 of Schedule 2 to the Income Support (General) Regulations 198713 have effect as though they were references to the claimant.
5
In this Article—
“the 1995 Order” means the Jobseekers (Northern Ireland) Order 199514;
“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 200715;
“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related employment and support allowance;
“income support” has the same meaning as in Part VII of the 1992 Act;
“jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based jobseeker’s allowance.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.R. number |
|---|---|---|
Article 6 (partially) | 27th September 2017 | |
Article 6 (partially) | 15th November 2017 | |
Article 6 (partially) | 13th December 2017 | |
Article 6 (partially) | 17th January 2018 | |
Article 6 (partially) | 7th February 2018 | |
Article 6 (partially) | 21st February 2018 | |
Article 6 (partially) | 7th March 2018 | |
Article 6 (partially) | 16th May 2018 | |
Article 6 (partially) | 30th May 2018 | |
Article 6 (partially) | 13th June 2018 | |
Article 6 (partially) | 27th June 2018 | |
Article 6 (partially) | 5th September 2018 | |
Article 6 (partially) | 19th September 2018 | |
Article 6 (partially) | 3rd October 2018 | |
Article 6 (partially) | 17th October 2018 | |
Article 6 (partially) | 31st October 2018 | |
Article 6 (partially) | 14th November 2018 | |
Article 6 (partially) | 5th December 2018 | |
Article 6 (partially) | 1st February 2019 | |
Article 7 (partially) | 2nd May 2016 | |
Article 7 to 29 (partially) | As Article 6 | As Article 6 |
Articles 9 to 17 (partially) | 2nd May 2016 | |
Articles 18 to 27 (partially) | 2nd May 2016 | |
Article 29 (partially) | 2nd May 2016 | |
Article 30 | 2nd May 2016 | |
Articles 31 and 32 (partially) | 2nd May 2016 | |
Articles 31 and 32 (partially) | As Article 6 | As Article 6 |
Article 33 | 2nd May 2016 | |
Article 34 and 35 | 27th September 2017 | |
Articles 36 to 38 Article 37 | 2nd May 2016 15th May 2019 | |
Article 39 (partially) | 2nd May 2016 | |
Article 39 (partially) | As Article 6 | As Article 6 |
Articles 41 and 42 | 2nd May 2016 | |
Article 43 (partially) | 2nd May 2016 | |
Article 43 (remaining) | 27th September 2017 | |
Article 44 | 27th September 2017 | |
Articles 45 to 47 (partially) | 2nd May 2016 | |
Articles 45 and 46 (remaining) | 27th September 2017 | |
Articles 48 and 49 | 2nd May 2016 | |
Article 50 (partially) | 2nd May 2016 | |
Article 50 (partially) | 27th September 2017 | |
Article 51 and 52 (partially) | 1st June 2016 | |
Article 51 and 52 (remaining) | 27th September 2017 | |
Article 53 | 17th February 2016 | |
Article 54 | 2nd May 2016 | |
Article 55 (partially) | 2nd May 2016 | |
Article 55 (partially) | 27th September 2017 | |
Article 56 | 17th February 2016 | |
Article 57 (partially) | 17th March 2016 | |
Article 57 (remaining) | 28th November 2016 | |
Article 58 | 28th November 2016 | |
Article 59 | 17th February 2016 | |
Article 60 (partially) | 2nd May 2016 | |
Article 60 (partially) | 27th September 2017 | |
Article 61 | 27th September 2017 | |
Article 62 | 1st June 2016 | |
Article 63 (partially) | 2nd May 2016 | |
Article 63 (partially) | 27th September 2017 | |
Article 64 | 16th January 2017 | |
Article 70 (partially) | 1st June 2016 | |
Article 70 (remaining) | 31st October 2016 | |
Article 71 | 31st October 2016 | |
Article 72 (partially) | 2nd May 2016 | |
Article 72 (partially) | 1st June 2016 | |
Articles 73 and 74 | 31st October 2016 | |
Article 76 (partially) | 31st March 2017 | |
Article 76 (partially) | 28th November 2016 | |
Article 77 to 79 | 17th February 2016 | |
Articles 82 to 84 (partially) | 2nd May 2016 | |
Articles 82 to 84 (remaining) | 20th June 2016 | |
Articles 85 and 86 | 2nd May 2016 | |
Article 87 | 20th June 2016 | |
Article 88 (partially) | 2nd May 2016 | |
Article 88 (remaining) | 20th June 2016 | |
Articles 89 to 91 | 2nd May 2016 | |
Article 92 (partially) | 2nd May 2016 | |
Article 92 (remaining) | 20th June 2016 | |
Articles 93 and 94 | 20th June 2016 | |
Articles 96 to 99 | 2nd May 2016 | |
Article 100 (partially) | 2nd May 2016 | |
Article 100 (remaining) | 20th June 2016 | |
Articles 101 and 102 | 17th February 2016 | |
Articles 103 to 106 | 2nd May 2016 | |
Article 107 (partially) | 17th March 2016 | |
Article 108 | 2nd May 2016 | |
Article 109 (partially) | 4th April 2016 | |
Article 109 (partially) | 2nd May 2016 | |
Article 109 (partially) | 20th June 2016 | |
Article 109 (remaining) | 27th September 2017 | |
Articles 110 (partially) | 2nd May 2016 | |
Article 110 (remaining) | 20th June 2016 | |
Articles 111 to 113 | 17th February 2016 | |
Articles 115 and 116 | 4th April 2016 | |
Articles 117 and 118 (partially) | 2nd May 2016 | |
Articles 120 to 125 | 17th February 2016 | |
Article 127 (partially) | 17th February 2016 | |
Articles 129 to 133 | 17th February 2016 | |
Article 134 | 27th September 2017 | |
Articles 135 to 140 | 17th February 2016 | |
Schedule 1 (partially) | 2nd May 2016 | |
Schedule 2 (partially) | 2nd May 2016 | |
Schedule 2 (partially) | 10th July 2017 | |
Schedule 2 (partially) | 27th September 2017 | |
Schedule 2 (partially) | 15th May 2019 | |
Schedule 3 (partially) | 2nd May 2016 | |
Schedule 3 (partially) | As Article 6 | As Article 6 |
Schedule 5 (partially) | 2nd May 2016 | |
Schedule 6 | 2nd May 2016 | |
Schedule 7 (partially) | 2nd May 2016 | |
Schedule 7 (partially) | 1st June 2016 | |
Schedule 7 (partially) | 27th September 2017 | |
Schedule 8 (partially) | 28th November 2016 | |
Schedule 8 (partially) | 31st March 2017 | |
Schedule 8 (remaining) | 27th September 2017 | |
Schedule 9 (partially) | 2nd May 2016 | |
Schedule 9 (partially) | 20th June 2016 | |
Schedule 10 | 2nd May 2016 | |
Schedule 11 (partially) | 17th March 2016 | |
Schedule 12 (partially) | 28th November 2016 | |
Schedule 12 (partially) | 31st March 2017 | |
Schedule 12 (partially) | 17th February 2016 | |
Schedule 12 (partially) | 31st October 2016 | |
Schedule 12 (partially) | 27th September 2017 | |
Schedule 12 (partially) | As Article 6 | As Article 6 |