This Statutory Rule has been made in consequence of a defect in S.R. 2016 No.226 and S.R. 2017 No.146 and is being issued free of charge to all known recipients of those Statutory Rules
2023 No. 93
The Social Security, Universal Credit and State Pension (Miscellaneous Amendments) Regulations (Northern Ireland) 2023
Made
Coming into operation -
The Department for Communities 1 makes the following Regulations in exercise of the powers conferred by sections 5(1)(a), (b), (c), (d), (j) and (l), 5(2)(za) and 165(1), (4) to (6) of the Social Security Administration Act (Northern Ireland)19922 and now vested in it3 and Articles 17(4) and 48(1) and (2) of, and paragraphs 1(1), 4(1)(a), (2)(c) to (e), and (3)(a) and 7 of Schedule 6 to, the Welfare Reform (Northern Ireland) Order 20154, and section 18(1) of the Pensions Act (Northern Ireland) 20155.
In accordance with section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992, the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
Citation and commencementI11
These Regulations may be cited as the Social Security, Universal Credit and State Pension (Miscellaneous Amendments) Regulations (Northern Ireland) 2023 and come into operation on 29th June 2023.
Amendment of the Universal Credit RegulationsI22
After regulation 29(5) of the Universal Credit Regulations (Northern Ireland) 20166 (period for which the LCWRA element is not to be included), insert—
6
Paragraph (1) does not apply where a claimant has limited capability for work and it is subsequently determined that they have limited capability for work and work-related activity.
Amendment of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) RegulationsI33
In regulation 25(2) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 20167 (time within which a claim for universal credit is to be made), for the words “, subject to a maximum extension of one month, to the date on” substitute “up to and including the day that would be the last day of the first assessment period for an award beginning on the first day in respect of”
.
Amendment of the Universal Credit (Transitional Provisions) RegulationsI44
1
The Universal Credit (Transitional Provisions) Regulations (Northern Ireland)20168 are amended as follows.
2
In regulation 7(1) (treatment of ongoing entitlement to certain benefits: benefit cap), for “regulation 27 of the Universal Credit Regulations” substitute “regulation 25 of the Claims and Payments Regulations”
.
3
In regulation 22(4)(b) (other claimants with limited capability for work: credit only cases), for “regulation 28(1)(b)” substitute “regulation 28(1)”
.
4
In regulation 47(1)(b) (termination of existing benefits if no claim before the deadline), after “in the case of” insert “housing benefit in the form of a rate rebate awarded in accordance with regulation 12 of the Housing Benefit Regulations or regulation 12 of the Housing Benefit (State Pension Credit) Regulations or”
.
5
In regulation 54(10) (transitional element – total legacy amount), for “in respect of housing benefit” substitute “for housing benefit in respect of specified or temporary accommodation”
.
6
In Schedule 1 (modification of tax credits legislation – finalisation of tax credits), omit—
a
paragraph 2(b);
b
paragraph 25(a);
c
paragraph 26(b);
d
paragraph 27(b).
7
In Schedule 2 (claimants previously entitled to a severe disability premium)—
a
in paragraph 5(b)(i) (claimants previously entitled to a severe disability premium), for “if the higher severe disability premium rate was payable” substitute “if the higher severe disability premium rate is payable on the first day of the award and no person becomes a carer for either of them in the first assessment period”
;
b
renumber paragraph 8 as paragraph 8(1) and at the end insert, insert—
2
In paragraph 5(b)(i) the reference to a person being a carer for another person is to the person being entitled to, and in receipt of, a carer’s allowance or having an award of universal credit which includes the carer element in respect of caring for that other person.
c
after paragraph 8, insert—
9
For the purposes of paragraph 3(b) and 5(b)(i), paragraph 6(6) of Schedule 4 to the ESA Regulations 2008 or, as the case may be, the corresponding provision in relation to income support or income-based jobseeker’s allowance, is to be disregarded.
Amendment of the State Pension RegulationsI55
1
In the State Pension Regulations (Northern Ireland) 20159 after regulation 11(2)(a)(x) insert—
xi
universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit).
Sealed with the Official Seal of the Department for Communities on 6th June 2023
(This is not part of the Regulations)