The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025

Valid from 27/01/2025

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

6.—(1) The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 4A (restriction on claims for housing benefit, income support or a tax credit)(2)—

(a) After paragraph (8) insert—

“(9) Despite anything in paragraph (6) or (7) or in the Tax Credits (Claims and Notifications) Regulations 2002(3), a person may not make, or be treated as making, a claim for a tax credit in respect of the whole, or any part, of the tax year beginning on 6th April 2025 or any subsequent tax year.”;

(b) in paragraph (9) (as inserted by sub-paragraph (a)) omit “paragraph (6) or (7) or in”.

(3) In regulation 6A (transitional housing payment)(4)—

(a) in the opening words omit “or 47”;

(b) in paragraphs (a) and (b) omit “or 47(1)”.

(4) In regulation 9 (ongoing awards of tax credits)(5) after paragraph (2) insert—

“(3) This regulation applies in relation to a current tax year that ends on or before 5th April 2025 only.”.

(5) In regulation 22 (other claimants with limited capability for work: credits only cases)—

(a) in the heading omit “: credits only cases”;

(b) for paragraph 1(a) (but not the “and” after it) substitute—

“(a) an award of universal credit is made to a claimant—

(i) who was entitled to be credited with earnings equal to the lower earnings limit then in operation under regulation 8B(2)(a)(iv), (iva) or (v) of the Social Security (Credits) Regulations (Northern Ireland) 1975(6) (“the 1975 Regulations”) on the date which the claim for universal credit was made or treated as made (the “relevant date”); or

(ii) who claims or is treated as claiming universal credit within the period of one month beginning with the day after the day on which an award of new-style ESA or old-style ESA ends and would have been so entitled on the relevant date but for reaching the qualifying age for state pension credit;”.

(6) In regulation 45 (migration notice)(7)—

(a) in paragraph (3), at the beginning insert “Subject to paragraphs (3A) and (3B),”;

(b) in paragraph (3A), omit “But” and for “where” substitute “Where”;

(c) after paragraph (3A) insert—

“(3B) Where a migration notice is—

(a) issued to a person who is entitled to an award of tax credit; and

(b) issued on or after 27th January 2025 and before 6th April 2025, the deadline day may be 6th April 2025.”.

(7) In regulation 51 (Department to determine whether transitional protection applies)(8) after paragraph (2) insert—

“(3) A person who makes a claim for universal credit as a single person by virtue of regulation 3(2) of the Universal Credit Regulations (Northern Ireland) is a single person for the purposes of paragraph (1)(a) and a member of a couple for the purposes of paragraph (1)(b).”.

(8) In regulation 56 (the transitional element – initial amount and adjustment where other elements increase)(9)—

(a) in paragraph (4)—

(i) for “paragraph (5)” substitute “paragraphs (5) and (5A)”;

(ii) after “the first time” insert “, or included again following a change of circumstances”;

(b) after paragraph (5) insert—

“(5A) There is to be no “relevant increase” with respect to the inclusion of a housing costs element in a case where the claimant was entitled to an award of housing benefit in respect of specified accommodation or temporary accommodation within the month ending with the first day of the assessment period in which the housing costs element is included.”;

(c) in paragraph (6) after “this regulation” insert ““housing costs element”,”.

(9) In regulation 61(1) (protection for full-time students until course completed)(10)—

(a) for “notified person”, in the first place it occurs, substitute “person who has made a qualifying claim”;

(b) for “on the day on which all awards of any existing benefit are to terminate as a consequence of a claim for universal credit” substitute “on the migration day”;

(c) for “notified person,” in the second place it occurs, substitute “person”.

(10) In regulation 61B(1) (deferral of retirement pension income)(11) before “claim” insert “qualifying”.

Commencement Information

I1 Reg. 6(1)(2)(a)(3)(4)(5)(6)(7)(9)(10) in operation at 27.1.2025, see reg. 1(2)

I2 Reg. 6(2)(b) in operation at 6.4.2025, see reg. 1(3)

I3 Reg. 6(8) in operation at 1.6.2025, see reg. 1(4)

(1)

S.R. 2016 No. 226

(2)

Regulation 4A was inserted by regulation 4 of S.R. 2022 No. 194 and amended by S.R. 2024 No. 54.

(3)

S.I. 2002/2014

(4)

Regulation 6A was inserted by regulation 9(7) of S.R. 2018 No. 92

(5)

Regulation 9 was amended by S.R. 2018 No. 92 and S.R. 2019 No. 152

(6)

S.R. 1975 No. 113 Regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430 and amended by S.R. 2000 No. 404, 2003 No. 151, 2008 No. 286, 2010 No. 109 and S.R. 2016 No. 175

(7)

Regulation 45 was inserted by regulation 2(8) of S.R. 2019 No. 152; relevant amending instruments are S.R. 2022 No. 194 and S.R. 2024 No. 119

(8)

Regulation 51 was inserted by regulation 2(8) of S.R. 2019 No. 152 and amended by S.R. 2022 No. 194 Article 45 of the Welfare Reform (Northern Ireland) Order 2015 defines the term “couple”

(9)

Regulation 56 was inserted by regulation 2(8) of S.R. 2019 No. 152 relevant amending instruments are S.R. 2022 No. 194.

(10)

Regulation 61 was amended by S.R. 2022 No. 194

(11)

Regulation 61B was inserted by regulation 2(5) of S.R. 2024 No. 119