2022 No. 194
The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022
Made
Coming into operation
The Department for Communities1 makes the following Regulations in exercise of the powers conferred by Article 48(1) and (2) of, and paragraphs 1(1), 3(1)(a) to (c), 4(1), (2)(c) and (d) and (3)(a) and 7 of Schedule 6 to, the Welfare Reform (Northern Ireland) Order 20152.
The powers are exercisable by the Department for Communities by virtue of Article 2 of the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 20203.
In accordance with section 149(2) of the Social Security Administration (Northern Ireland) Act 19924 the Department has referred proposals in respect of these Regulations to the Social Security Advisory Committee.
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 and come in to operation on 1st August 2022.
2
In these Regulations “Transitional Provisions Regulations” means the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 20165.
Abolition of the Department’s discretion to determine that claims for universal credit may not be madeI22
Regulation 2A of the Transitional Provisions Regulations (department discretion to determine that claims for universal credit may not be made) is revoked.
Exclusion of claims for certain existing benefitsI33
Regulation 4 of the Transitional Provisions Regulations (exclusion of claims for certain existing benefits) is revoked.
Restriction on claims for housing benefit, income support or a tax creditI44
Before regulation 5 of the Transitional Provisions Regulations (termination of awards of certain existing benefits: new claimant partners) insert—
Restriction on claims for housing benefit, income support or a tax credit4A
1
Except as provided by paragraphs (2) to (7) a person may not make a claim for housing benefit, income support, or a tax credit.
2
Paragraph (1) does not apply to a claim for housing benefit in respect of specified accommodation or temporary accommodation.
3
Paragraph (1) does not apply to a claim for housing benefit that is made during the last assessment period of an award of universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations6 applies, in respect of entitlement arising from the date the claimant reaches that age.
4
Paragraph (1) does not apply to a claim for housing benefit by a single person who has reached the qualifying age for state pension credit, or a member of a State Pension Credit Act couple where both members have reached that age or a member of a polygamous marriage where all members have reached that age.
5
Paragraph (1) does not apply to a claim for housing benefit where—
a
the claim is made by a member of a State Pension Credit Act couple who has reached the qualifying age for state pension credit and the other member has not reached that age; and
b
one of the savings in the sub-paragraphs of article 4(1) of 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 20197 applies and the saving has not ceased to have effect under article 4(2) of that order.
6
Paragraph (1) does not apply to a claim for a tax credit where a person makes or persons make a claim for child tax credit or working tax credit and on the date on which he or she (or they) makes or make the claim he or she (or they) has or have an award of working tax credit or child tax credit respectively.
7
Paragraph (1) does not apply to a claim for a tax credit where a person has or had, or persons have or had, an award of child tax credit or working tax credit in respect of a tax year and that person or those persons makes or make (or is or are treated as making) a claim for that tax credit for the next tax year.
8
For the purposes of this regulation—
a
“polygamous marriage” has the same meaning as in regulation 3(4) of the Universal Credit Regulations;
b
“State Pension Credit Act couple” means a couple as defined in section 17(1) of the State Pension Credit Act (Northern Ireland) 20028,
and a reference to the date on which a claim for tax credit is made is a reference to the date on which such a claim is made or treated as made as provided for in the Tax Credits (Claims and Notification) Regulations 20029.”.
Termination of existing benefits – removal of requirement for the Department to determine that the basic conditions are metI55
1
The Transitional Provisions Regulations are amended as follows.
2
In regulation 5(1) (termination of awards of certain existing benefits: new claimant partners)—
a
at the end of sub-paragraph (b) insert “and”
; and
b
omit sub-paragraph (d) and the “and” preceding it.
3
In regulation 6 (termination of awards of certain existing benefits: other claimants)—
a
in paragraph (1)(a), after “is made” insert “, whether or not subsequently withdrawn”
;
b
in paragraph (1) omit sub-paragraph (b) and the “and” preceding it; and
c
after paragraph (2A) insert—
2B
This regulation does not apply in the case of a single claimant who has reached the qualifying age for state pension credit or in the case of joint claimants who have both reached the qualifying age for state pension credit.”.
4
In regulation 10(1) (modification of tax credits legislation: overpayments and penalties)—
a
at the end of sub-paragraph (a) insert “and”
; and
b
omit sub-paragraph (c) and the “and” preceding it.
5
In regulation 11(1) (modification of tax credits legislation: finalisation of tax credits)—
a
at the end of sub-paragraph (a) insert “and”
; and
b
omit sub-paragraph (c) and the “and” preceding it.
Managed migration – abolition of the limit on number of cases migratedI66
Regulation 45(7) (migration notice) of the Transitional Provisions Regulations 2016 is revoked.
Managed migration – termination of existing benefits if no claim before the deadlineI77
In regulation 47(1)(a) of the Transitional Provisions Regulations (termination of existing benefits if no claim before the deadline) after “housing benefit” insert “in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations10 or regulation 13 of the Housing Benefit (State Pension Credit) Regulations11,”
.
Managed Migration – notified persons who claim as a different benefit unitI88
1
Regulation 48 of the Transitional Provisions Regulations (notified persons who claim as a different benefit unit) is revoked.
2
In regulation 51(2) of the Transitional Provisions Regulations (department to determine whether transitional protection applies) for “where regulation 48 (notified persons who claim as a different benefit unit) applies” substitute—
“where-
a
notified persons who were a couple for the purposes of an award of an existing benefit when the migration notice was issued are single persons or members of a different couple for the purposes of a claim for universal credit; or
b
notified persons who were single for the purposes of an award of an existing benefit when the migration notice was issued are a couple for the purposes of a claim for universal credit; or
c
notified persons who were members of a polygamous marriage for the purposes of an award of an existing benefit when the migration notice was issued are a couple or single persons for the purposes of a claim for universal credit.
Managed migration – the transitional element – total legacy amountI99
1
Regulation 54 of The Transitional Provisions Regulations (the transitional element – total legacy amount) is amended as follows.
2
In paragraph (7) in the preliminary text after “housing benefit” insert “, in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations,”
.
a
In paragraph (11)(a) after the second reference to “housing benefit” insert “, in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations,”
.
Managed migration – adjustment to transitional element where other elements increaseI1010
1
Regulation 56 (the transitional element – initial amount and adjustment where other elements increase) of the Transitional Provisions Regulations is amended as follows.
2
In paragraph (4), after ““relevant increase” is” insert “, subject to paragraph (5),”
.
3
At the end insert the following paragraphs:—
5
In cases where the LCW is replaced by the LCWRA element, the
“relevant increase”is to be treated as the difference between the amounts of those elements.6
In this regulation “LCW element”12 and “LCWRA element” have the same meaning as in regulation 2 of the Universal Credit Regulations.”
Managed migration – protection for full-time studentsI1111
In regulation 61 of the Transitional Provisions Regulations (protection for full-time students until course completed) the existing text becomes paragraph (1) and after paragraph (1) insert—
2
Paragraph (1) does not apply to any assessment period in respect of which a transitional element or transitional capital disregard would (if the claimant had been entitled to that element or that disregard) have ceased to apply by virtue of regulation 57 (circumstances in which transitional protection ceases) or regulation 58 (application of transitional protection to a subsequent award).”.
Abolition of discretionary hardship paymentsI1212
Regulation 65 of the Transitional Provisions Regulations (discretionary hardship payments) is revoked.
Consequential amendmentsI1313
The Schedule contains consequential amendments.
Sealed with the Official Seal of the Department for Communities on 6th July 2022
SCHEDULEConsequential Amendments
I141
1
The Transitional Provisions Regulations are amended as follows.
2
In regulation 2 (interpretation) in paragraph (4) omit the reference to “and regulation 48 (notified persons who claim as a different benefit unit)”.
3
In regulation 3 (exclusion of entitlement to certain benefits) in paragraph (2)(ab), for “, 47(1) or 48(2)” substitute “or 47(1)”
.
4
In regulation 6A13 (transitional housing payment) in the preliminary text for “, 47 or 48” substitute “or 47”
and in paragraphs (a) and (b) for “, 47(1) or 48(2)” substitute “or 47(1)”
.
5
In regulation 6B14 (effect on universal credit award of two week run-on etc.) for “, 47(1) or 48(2)” substitute “or 47(1)”
.
6
In regulation 12 (appeals etc relating to certain existing benefits) in paragraph (3) for “, 47 or 48” substitute “or 47”
.
7
In regulation 4515 (migration notice) in paragraph (5)—
a
at the end of sub-paragraph (a) insert “or”
; and
b
omit sub-paragraph (b)
8
In regulation 4716 (termination of existing benefits if no claim before the deadline) omit paragraph (5).
9
In regulation 5917 (qualifying claim – department may set later commencement day) omit “or 47(4)”.
I152
1
The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 201718 is amended as follows.
2
Article 8 (transitional provisions where the department determines that claims for universal credit may not be made: effect on claims for employment and support allowance and jobseeker’s allowance) is revoked.
3
Article 24 (transitional provision: claims for housing benefit, income support or a tax credit) is revoked.
I163
1
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 201919 is amended as follows.
2
In paragraph (3) of article 2 (interpretation) omit “and article 8(2)(b)”.
3
In article 6(4) (transitional provision: termination of awards of housing benefit) for “Article 24(11) of the No.8 Order” substitute “regulation 2 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016”
.
4
In article 7(1)(a)(i) (transitional provisions: application to housing benefit of the rules in universal credit for treatment of couples and polygamous marriages) for “Article 24 of the No.8 Order” substitute “regulation 4A of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016”
.
5
Article 8 (transitional provision: where restrictions on claims for universal credit are in place) is revoked.
(This note is not part of the Regulations)