The Social Security, Universal Credit and State Pension (Miscellaneous Amendments) Regulations (Northern Ireland) 2023

Amendment of the Universal Credit (Transitional Provisions) Regulations N.I.

4.—(1) The Universal Credit (Transitional Provisions) Regulations (Northern Ireland)2016(1) 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.”.

Commencement Information

I1 Reg. 4 in operation at 29.6.2023, see reg. 1

(1)

S.R. 2016 No. 226