The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2020

These Statutory Rules have been made in consequence of a defect in S.R. 2016 No. 216 and are being issued free of charge to all known recipients of those Statutory Rules.

Statutory Rules of Northern Ireland

2020 No. 166

Social Security

The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2020

Made

3rd August 2020

Laid before Parliament

4th August 2020

Coming into force

5th August 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 9(2) and 48(1) and (2) of the Welfare Reform (Northern Ireland) Order 2015(1).

Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015(2).

Citation, commencement and application

1.—(1) These Regulations may be cited as the Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2020 and come into force on 5th August 2020.

(2) These Regulations do not apply in relation to a claim for universal credit, or an award of universal credit without a claim, made before 5th August 2020.

Amendment of the Universal Credit Regulations (Northern Ireland) 2016

2.—(1) In regulation 14 (exceptions to the requirement not to be receiving education) of the Universal Credit Regulations (Northern Ireland) 2016(3)—

(a) regulation 14 shall stand as paragraph (1);

(b) for paragraph (1)(b) substitute—

“(b) the person is entitled to attendance allowance, disability living allowance or personal independence payment and it has been determined—

(i) that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 of these Regulations or Part 4 or 5 of the ESA Regulations(4);

(ii) that the person is to be treated as having limited capability for work under Schedule 8(5) or limited capability for work and work-related activity under Schedule 9; or

(iii) that the person is to be treated as having limited capability for work or limited capability for work and work-related activity under regulation 19(2)(b) of the Universal Credit (Transitional Provisions) Regulations Northern Ireland 2016(6),

and that determination was made on or before the date of claim to universal credit, where the person is receiving education on the date the claim is made, or the date on which the person starts receiving education, where the person starts receiving education after the date of claim to universal credit;”;

(c) after paragraph (1)(f) insert—

“(2) Where regulation 8(6)(a) or 8(10) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(7) (award of universal credit without a claim) applies to a person who is receiving education, paragraph (1)(b) is to be read as if each reference to “date of claim” was a reference to “date of award”.”.

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

Justin Tomlinson

Minister of State

Department for Work and Pensions

3rd August 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216) (“the UC Regulations”).

Regulation 2 amends regulation 14 of the UC Regulations, which sets out the exceptions to the requirement to meet the basic condition not to be receiving education. Regulation 14(1)(b) is amended to clarify that a person entitled to attendance allowance, disability living allowance or personal independence payment will only be entitled to universal credit if they have been determined to have limited capability for work and that determination was made on or before the date of claim to universal credit, where the person is already receiving education on the date the claim is made, or before the date that the person starts receiving education, where the person starts receiving education after the date of claim to universal credit.

Provision is also made to read the reference to “date of claim” in regulation 14(1)(b) of the UC Regulations as a reference to “date of award” where a couple separates and an award is made without a claim to each of them as a single person and one of those persons is receiving education.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

(1)

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

(2)

Article 4(1) was amended by Article 4(2)(a) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1).

(3)

S.R. 2016 No. 216.

(4)

S.R. 2016 No. 219.

(5)

Amended by S.R.2016/226 and S.R. 2017/51.

(6)

S.R. 2016/226, amended by S.R. 2017/51.

(7)

S.R. 2016/220.