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The Welfare Reform (Northern Ireland) Order 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111141236

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 1 of the Northern Ireland (Welfare Reform) Act 2015, for approval by resolution of each House of Parliament.

Social Security

Made 0000

Coming into force in accordance with Article 2

At the Court at Buckingham Palace, the 0000 day of 0000

Present,

The Queen’s Most Excellent Majesty in Council

A draft of this Order has been approved by a resolution of each House of Parliament.

Her Majesty, in exercise of the powers conferred by section 1 of the Northern Ireland (Welfare Reform) Act 2015 (c. 34), is pleased, by and with the advice of Her Privy Council, to order as follows:—

Contents

  1. Part 1: General
  2. 1Citation
  3. 2Commencement
  4. 3Extent
  5. 4Transitory provision
  6. 5General interpretation
  7. Part 2: Universal credit
  8. Chapter 1: Entitlement and awards
  9. Introductory
  10. 6Universal credit
  11. 7Claims
  12. Entitlement
  13. 8Entitlement
  14. 9Basic conditions
  15. 10Financial conditions
  16. 11Restrictions on entitlement
  17. Awards
  18. 12Basis of awards
  19. 13Calculation of awards
  20. Elements of an award
  21. 14Standard allowance
  22. 15Responsibility for children and young persons
  23. 16Housing costs
  24. 17Other particular needs or circumstances
  25. Chapter 2: Claimant responsibilities
  26. Introductory
  27. 18Work-related requirements: introductory
  28. 19Claimant commitment
  29. Work-related requirements
  30. 20Work-focused interview requirement
  31. 21Work preparation requirement
  32. 22Work search requirement
  33. 23Work availability requirement
  34. Application of work-related requirements
  35. 24Claimants subject to no work-related requirements
  36. 25Claimants subject to work-focused interview requirement only
  37. 26Claimants subject to work preparation requirement
  38. 27Claimants subject to all work-related requirements
  39. Work-related requirements: supplementary
  40. 28Connected requirements
  41. 29Imposition of requirements
  42. 30Compliance with requirements
  43. Reduction of benefit
  44. 31Higher-level sanctions
  45. 32Other sanctions
  46. 33Hardship payments
  47. Administration
  48. 34Concurrent exercise of certain functions by Department for Employment and Learning
  49. 35Delegation and contracting out
  50. Chapter 3: Supplementary and general
  51. Supplementary and consequential
  52. 36Supplementary regulation-making powers
  53. 37Supplementary and consequential amendments
  54. 38Power to make supplementary and consequential provision etc.
  55. Universal credit and other benefits
  56. 39Abolition of benefits
  57. 40Universal credit and the state pension credit
  58. 41Universal credit and working-age benefits
  59. 42Migration to universal credit
  60. General
  61. 43Capability for work or work-related activity
  62. 44Information
  63. 45Couples
  64. 46Interpretation of Part 2
  65. Regulations
  66. 47Pilot schemes
  67. 48Regulations
  68. 49Assembly control
  69. Part 3: Working-age benefits
  70. Chapter 1: Jobseeker’s allowance
  71. Claimant responsibilities for interim period
  72. 50Claimant commitment for jobseeker’s allowance
  73. 51Interviews
  74. 52Sanctions
  75. 53Procedure for regulation-making powers
  76. 54Consequential amendments
  77. Claimant responsibilities after introduction of universal credit
  78. 55Claimant responsibilities for jobseeker’s allowance
  79. Chapter 2: Employment and support allowance
  80. Conditions of entitlement
  81. 56Dual entitlement
  82. 57Period of entitlement to contributory allowance
  83. 58Further entitlement after time-limiting
  84. 59Condition relating to youth
  85. Claimant responsibilities for interim period
  86. 60Claimant commitment for employment and support allowance
  87. 61Work experience etc.
  88. 62Hardship payments
  89. Claimant responsibilities after introduction of universal credit
  90. 63Claimant responsibilities for employment and support allowance
  91. Chapter 3: Income support
  92. 64Entitlement of lone parents to income support etc.
  93. 65Claimant commitment for income support
  94. Chapter 4: Entitlement to work
  95. 66Entitlement to work: jobseeker’s allowance
  96. 67Entitlement to work: employment and support allowance
  97. 68Entitlement to work: maternity allowance and statutory payments
  98. 69Entitlement to work: statutory shared parental pay
  99. Part 4: Other benefit changes
  100. Industrial injuries benefit
  101. 70Injuries arising before 5th July 1948
  102. 71Persons under 18
  103. 72Trainees
  104. 73Restriction on new claims for industrial death benefit
  105. 74Determinations
  106. Housing benefit
  107. 75Housing benefit: determination of appropriate maximum
  108. Social fund
  109. 76Ending of discretionary payments
  110. 77Purposes of discretionary payments
  111. 78Determination of amount or value of budgeting loan
  112. 79Community care grants
  113. State pension credit
  114. 80State pension credit: carers
  115. 81State pension credit: capital limit
  116. Part 5: Personal independence payment
  117. Personal independence payment
  118. 82Personal independence payment
  119. 83Daily living component
  120. 84Mobility component
  121. 85Ability to carry out daily living activities or mobility activities
  122. 86Required period condition: further provision
  123. Entitlement and payability: further provision
  124. 87Terminal illness
  125. 88Persons of pensionable age
  126. 89No entitlement to daily living component where UK is not competent state
  127. 90Care home residents
  128. 91Hospital in-patients
  129. 92Prisoners
  130. Supplementary
  131. 93Claims, awards and information
  132. 94Report to the Assembly
  133. General
  134. 95Abolition of disability living allowance
  135. 96Amendments
  136. 97Power to make supplementary and consequential provision
  137. 98Transitional
  138. 99Regulations
  139. 100Interpretation of Part 4
  140. Part 6: Social security: general
  141. Benefit cap
  142. 101Benefit cap
  143. 102Benefit cap: supplementary and consequential
  144. Claims and awards
  145. 103Claims and awards
  146. 104Powers to require information relating to claims and awards
  147. Payments
  148. 105Payments to joint claimants
  149. 106Payments on account
  150. Appeals
  151. 107Power to require consideration of revision before appeal
  152. Electronic communications
  153. 108Electronic communications
  154. Recovery of benefits
  155. 109Recovery of benefit payments
  156. 110Deduction from earnings: other cases
  157. 111Application of the Limitation (Northern Ireland) Order 1989
  158. Investigation and prosecution of offences
  159. 112Powers to require information relating to investigations
  160. 113Time limits for legal proceedings
  161. 114Prosecution powers of the Housing Executive
  162. Penalties as alternative to prosecution
  163. 115Penalty in respect of benefit fraud not resulting in overpayment
  164. 116Amount of penalty
  165. Loss of benefit
  166. 117Benefit offences: period of sanction
  167. 118Benefit offences: sanctions for repeated benefit fraud
  168. 119Cautions
  169. Information-sharing
  170. 120Information-sharing in relation to provision of overnight care etc.
  171. 121Information-sharing in relation to welfare services etc.
  172. 122Unlawful disclosure of information
  173. 123Articles 120 to 122: supplementary
  174. 124Information-sharing for social security or employment purposes etc.
  175. Reports by Department
  176. 125Reports by Department
  177. Part 7: Miscellaneous
  178. Child support maintenance
  179. 126Supporting maintenance agreements
  180. 127Collection of child support maintenance
  181. 128Indicative maintenance calculations
  182. 129Recovery of child support maintenance by deduction from benefit
  183. 130Fees
  184. 131Exclusion from individual voluntary arrangements
  185. Employment and training
  186. 132Use of jobcentres by sex industry
  187. Reduced dog licence fees for those in receipt of income-related benefits
  188. 133Reduced fee for dog licences
  189. Rate relief schemes: application of housing benefit law
  190. 134Rate relief schemes: application of housing benefit law
  191. Discretionary support
  192. 135Discretionary support
  193. 136Discretionary support Commissioner
  194. Payments to persons suffering financial disadvantage
  195. 137Payments to persons suffering financial disadvantage
  196. Duties of the Department
  197. 138Duty to ensure availability of advice and assistance
  198. 139Duty to report on operation of this Order
  199. Part 8: Repeals
  200. 140Repeals
  201. Signature
  202. Schedule 1: Universal credit: supplementary regulation-making powers
  203. 1Entitlement of joint claimants
  204. 2Linking periods
  205. 3Couples
  206. 4Calculation of capital and income
  207. 5Responsibility for children etc.
  208. 6Vouchers
  209. 7Work-related requirements
  210. 8Good reason
  211. Schedule 2: Universal credit: amendments
  212. 1The Education Reform (Northern Ireland) Order 1989 (NI 20)
  213. 2The Child Support (Northern Ireland) Order 1991 (NI 23)
  214. 3The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  215. 4The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  216. 5The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  217. 6The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  218. 7The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  219. 8The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  220. 9The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  221. 10The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  222. 11The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  223. 12The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  224. 13The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  225. 14The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  226. 15The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  227. 16The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  228. 17The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  229. 18The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  230. 19The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  231. 20The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  232. 21The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  233. 22The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  234. 23The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  235. 24The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  236. 25The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  237. 26The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  238. 27The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  239. 28The Children (Northern Ireland) Order 1995 (NI 2)
  240. 29The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  241. 30The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
  242. 31The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  243. 32The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  244. 33The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  245. 34The Social Security (Northern Ireland) Order 1998 (NI 10)
  246. 35The Social Security (Northern Ireland) Order 1998 (NI 10)
  247. 36The Social Security (Northern Ireland) Order 1998 (NI 10)
  248. 37The Social Security (Northern Ireland) Order 1998 (NI 10)
  249. 38The Social Security (Northern Ireland) Order 1998 (NI 10)
  250. 39The Social Security (Northern Ireland) Order 1998 (NI 10)
  251. 40The Social Security (Northern Ireland) Order 1998 (NI 10)
  252. 41The Social Security (Northern Ireland) Order 1998 (NI 10)
  253. 42The Social Security (Northern Ireland) Order 1998 (NI 10)
  254. 43The Immigration and Asylum Act 1999 (c. 33)
  255. 44The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
  256. 45The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  257. 46The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  258. 47The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  259. 48The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  260. 49The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  261. 50The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  262. 51The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  263. 52The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  264. 53The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  265. 54The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
  266. Schedule 3: Abolition of benefits: consequential amendments
  267. 1The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  268. 2The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  269. 3The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  270. 4The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  271. 5The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  272. 6The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  273. 7The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  274. 8The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  275. 9The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  276. 10The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  277. 11The Social Security (Northern Ireland) Order 1998 (NI 10)
  278. 12The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
  279. 13The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  280. 14The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  281. 15The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  282. 16The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  283. 17The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
  284. 18The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
  285. 19The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
  286. 20The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
  287. 21The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
  288. Schedule 4: Housing credit element of state pension credit
  289. Part 1: Amendments to State Pension Credit Act (Northern Ireland) 2002
  290. 1The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  291. 2The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  292. 3The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  293. 4The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  294. 5The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  295. 6The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  296. 7The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  297. 8The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
  298. Part 2: Amendments to other Acts
  299. 9The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  300. 10The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  301. 11The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  302. 12The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
  303. Schedule 5: Universal credit and other working age benefits
  304. 1General
  305. 2Dual entitlement
  306. 3Movement between working-age benefits
  307. 4Hardship payments
  308. 5Earnings tapers
  309. 6Earnings tapers
  310. Schedule 6: Migration to universal credit
  311. 1General
  312. 2Claims before the appointed day
  313. 3Claims on or after the appointed day
  314. 4Awards
  315. 5Work-related requirements and sanctions
  316. 6Supplementary
  317. 7Supplementary
  318. Schedule 7: Jobseeker’s allowance in interim period: consequential amendments
  319. 1The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  320. 2The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  321. 3The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  322. 4The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  323. 5The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  324. 6The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  325. 7The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  326. 8The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  327. 9The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  328. 10The Jobseekers (Northern Ireland) Order 1995 (NI 15)
  329. 11The Social Security (Northern Ireland) Order 1998 (NI 10)
  330. 12The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  331. 13The Welfare Reform Act (Northern Ireland) 2010 (c. 13)
  332. 14The Welfare Reform Act (Northern Ireland) 2010 (c. 13)
  333. 15The Welfare Reform Act (Northern Ireland) 2010 (c. 13)
  334. Schedule 8: Social fund discretionary payments: consequential amendments
  335. 1Paragraph 1
  336. 2Paragraph 2
  337. 3Paragraph 3
  338. 4Paragraph 4
  339. Schedule 9: Personal independence payment: amendments
  340. 1The Child Support (Northern Ireland) Order 1991 (NI 23)
  341. 2The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  342. 3The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  343. 4The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  344. 5The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
  345. 6The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  346. 7The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  347. 8The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  348. 9The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  349. 10The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  350. 11The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  351. 12The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  352. 13The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  353. 14The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  354. 15The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  355. 16The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  356. 17The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  357. 18The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  358. 19The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  359. 20The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  360. 21The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  361. 22The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  362. 23The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  363. 24The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  364. 25The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  365. 26The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  366. 27The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  367. 28The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  368. 29The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  369. 30The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  370. 31The Road Traffic (Northern Ireland) Order 1995 (NI 18)
  371. 32The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  372. 33The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  373. 34The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  374. 35The Social Security (Northern Ireland) Order 1998 (NI 10)
  375. 36The Social Security (Northern Ireland) Order 1998 (NI 10)
  376. 37The Social Security (Northern Ireland) Order 1998 (NI 10)
  377. 38The Social Security (Northern Ireland) Order 1998 (NI 10)
  378. 39The Social Security (Northern Ireland) Order 1998 (NI 10)
  379. 40The Social Security (Northern Ireland) Order 1998 (NI 10)
  380. 41The Social Security (Northern Ireland) Order 1998 (NI 10)
  381. 42The Immigration and Asylum Act 1999 (c. 33)
  382. 43The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  383. 44The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  384. 45The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
  385. Schedule 10: Personal independence payment: transitional
  386. 1General
  387. 2Claims before the appointed day
  388. 3Claims on or after the appointed day
  389. 4Awards of existing allowance
  390. 5Supplementary
  391. Schedule 11: Power to require consideration of revision before appeal
  392. 1The Child Support (Northern Ireland) Order 1991 (NI 23)
  393. 2The Child Support (Northern Ireland) Order 1991 (NI 23)
  394. 3The Child Support (Northern Ireland) Order 1991 (NI 23)
  395. 4The Child Support (Northern Ireland) Order 1991 (NI 23)
  396. 5The Child Support (Northern Ireland) Order 1991 (NI 23)
  397. 6The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  398. 7The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  399. 8The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
  400. 9The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
  401. 10The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
  402. 11The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
  403. 12The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)
  404. 13The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)
  405. 14The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)
  406. 15The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)
  407. Schedule 12: Repeals
  408. 1Abolition of benefits superseded by universal credit
  409. 2Entitlement to jobseeker’s allowance without seeking employment
  410. 3Jobseeker’s allowance: responsibilities for interim period
  411. 4Jobseeker’s allowance: responsibilities after introduction of universal credit
  412. 5Employment and support allowance: responsibilities after introduction of universal credit
  413. 6Industrial injuries arising before 5th July 1948
  414. 7Social fund: ending of discretionary payments
  415. 8Disability living allowance
  416. 9Powers to require information relating to claims and awards
  417. 10Recovery of benefit payments
  418. 11Loss of benefit
  419. 12Information-sharing
  420. Explanatory note