The Benefit Cap (Annual Limit) (Amendment) Regulations (Northern Ireland) 2024
S.R. 2024/58 · Made 20 March 2024 · Extends to Northern Ireland
Regulations made by the Department for Communities and laid before the Assembly under Article 102(1A) of the Welfare Reform (Northern Ireland) Order 2015 for approval of the Assembly before the expiration of six months from the date of their coming into operation.
Social Security
Made 20th March 2024
Coming into operation in accordance with regulation 1
The Department for Communitiesf1 makes the following Regulations in exercise of the powers conferred by Articles 101(5) and (5B), 101A(1) and (2) of the Welfare Reform (Northern Ireland) Order 2015f2. The Secretary of State has made Regulations under section 96A(4) of the Welfare Reform Act 2012, which amend section 96(5A)(b) of that Act and the Department exercises the power to make corresponding Regulations amending Article 101(5A) of the Welfare Reform (Northern Ireland) Order 2015.
Annotations to the whole text
Footnotes
- f1
-
The Department for Social Development was renamed the Department for Communities in accordance with section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).
- f2
Contents
- 1Citation, commencement and interpretation
- 2Amendment of the Welfare Reform Order
- 3Amendment of the Universal Credit Regulations
- 4Amendment of the Housing Benefit Regulations
- 5Revocation
- Signature
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Benefit Cap (Annual Limit) (Amendment) Regulations (Northern Ireland) 2024.
These Regulations come into operation on 21st March 2024.
The amendments made by regulations 2 and 3 apply in relation to an award of universal credit whenever made but only in relation to each assessment periodf1 in respect of that award which begins on or after 10th April 2023.
The amendments made by regulations 2 and 4 apply only on and after 3rd April 2023 in relation to housing benefit in respect of rent payable at intervals of a week or any multiple of a week.
In this regulation “housing benefit” means housing benefit under section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2.
2Amendment of the Welfare Reform OrderI1
In Article 101(5A) of the Welfare Reform (Northern Ireland) Order 2015 (benefit cap)f1 for “£20,000 or £13,400” substitute “£22,020 or £14,753”.
3Amendment of the Universal Credit RegulationsI1
In regulation 80A(2) of the Universal Credit Regulations (Northern Ireland) 2016 (relevant amount)f1—
in sub-paragraph (a) for “£13,400” substitute “£14,753”;
in sub-paragraph (b) for “£20,000” substitute “£22,020”.
4Amendment of the Housing Benefit RegulationsI1
In regulation 73CA(2) of the Housing Benefit Regulations (Northern Ireland) 2006 (determination of the relevant amount)f1—
in sub-paragraph (a) for “£13,400” substitute “£14,753”;
in sub-paragraph (b) for “£20,000” substitute “£22,020”.
5RevocationI1
The Benefit Cap (Annual Limit) (Amendment No. 2) Regulations (Northern Ireland) 2023f1 are revoked.
Signature
Sealed with the Official Seal of the Department for Communities on 20th March 2024
(L.S.)
Paddy Rooney
A Senior officer of the Department for Communities
Explanatory note
(This is not part of the Regulations)
These Regulations revoke and re-enact the provisions of the Benefit Cap (Annual Limit) (Amendment No. 2) Regulations (Northern Ireland) 2023 which would otherwise cease to have effect by virtue of Article 102(1A) of the Welfare Reform (Northern Ireland) Order 2015.
These Regulations are made following a review by the Secretary of State under section 96A of the Welfare Reform Act 2012 (c. 5), and amend the sums specified as the annual limit for the purposes of the benefit cap.
Regulation 1 brings these Regulations into operation for all purposes on 21st March 2024 subject to the provisions in regulation 1(3) and (4). The amended annual limits will only apply to an award of universal credit in relation to each assessment period commencing on or after 10th April 2023. For an award of housing benefit in respect of which rent is paid at intervals of a week or multiples thereof, the amended annual limits will only apply from 3rd April 2023.
Regulation 2 amends the annual limit as set out in Article 101(5A) of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006).
Regulation 3 makes a consequential amendment to the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216) as, in order to calculate and apply the benefit cap, the annual limit is also specified in the secondary legislation.
Regulation 4 makes a consequential amendment to the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405) as, in order to calculate and apply the benefit cap, the annual limit is also specified in the secondary legislation.
Regulation 5 revokes the Benefit Cap (Annual Limit) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023 No. 147).
These Regulations make provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraphs 3A and 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8) are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, public or voluntary sectors is foreseen.