The Welfare Reform (Northern Ireland) Order 2015
2015/2006 · Made 9 December 2015 · Extends to Northern Ireland
Social Security
Made 9th December 2015
Coming into force in accordance with Article 2
At the Court at Buckingham Palace, the 9th day of December 2015
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:—C1C2
Annotations to the whole text
Modifications
- C1
Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 4 Pt. 1 (with art. 9(2))
- C2
Order modified (24.7.2020) by The Universal Credit (Northern Ireland Reciprocal Arrangements) Regulations 2020 (S.I. 2020/677), regs. 1, 2, Sch.
Contents
- Part 1: General
- 1Citation
- 2Commencement
- 3Extent
- 4Transitory provision
- 5General interpretation
- Part 2: Universal credit
- Chapter 1: Entitlement and awards
- Introductory
- 6Universal credit
- 7Claims
- Entitlement
- 8Entitlement
- 9Basic conditions
- 10Financial conditions
- 11Restrictions on entitlement
- Awards
- 12Basis of awards
- 13Calculation of awards
- Elements of an award
- 14Standard allowance
- 15Responsibility for children and young persons
- 16Housing costs
- 17Other particular needs or circumstances
- Chapter 2: Claimant responsibilities
- Introductory
- 18Work-related requirements: introductory
- 19Claimant commitment
- Work-related requirements
- 20Work-focused interview requirement
- 21Work preparation requirement
- 22Work search requirement
- 23Work availability requirement
- Application of work-related requirements
- 24Claimants subject to no work-related requirements
- 25Claimants subject to work-focused interview requirement only
- 26Claimants subject to work preparation requirement
- 27Claimants subject to all work-related requirements
- Work-related requirements: supplementary
- 28Connected requirements
- 29Imposition of requirements
- 30Compliance with requirements
- Reduction of benefit
- 31Higher-level sanctions
- 32Other sanctions
- 33Hardship payments
- Administration
- 34Concurrent exercise of certain functions by Department for Employment and Learning Repealed
- 35Delegation and contracting out
- Chapter 3: Supplementary and general
- Supplementary and consequential
- 36Supplementary regulation-making powers
- 37Supplementary and consequential amendments
- 38Power to make supplementary and consequential provision etc.
- Universal credit and other benefits
- 39Abolition of benefits
- 40Universal credit and the state pension credit Not yet in force
- 41Universal credit and working-age benefits
- 42Migration to universal credit
- General
- 43Capability for work or work-related activity
- 44Information
- 45Couples
- 46Interpretation of Part 2
- Regulations
- 47Pilot schemes
- 48Regulations
- 49Assembly control
- Part 3: Working-age benefits
- Chapter 1: Jobseeker's allowance
- Claimant responsibilities for interim period
- 50Claimant commitment for jobseeker's allowance
- 51Interviews
- 52Sanctions
- 53Procedure for regulation-making powers
- 54Consequential amendments
- Claimant responsibilities after introduction of universal credit
- 55Claimant responsibilities for jobseeker's allowance
- Chapter 2: Employment and support allowance
- Conditions of entitlement
- 56Dual entitlement
- 57Period of entitlement to contributory allowance
- 58Further entitlement after time-limiting
- 59Condition relating to youth
- Claimant responsibilities for interim period
- 60Claimant commitment for employment and support allowance
- 61Work experience etc.
- 62Hardship payments
- Claimant responsibilities after introduction of universal credit
- 63Claimant responsibilities for employment and support allowance
- Chapter 3: Income support
- 64Entitlement of lone parents to income support etc.
- 65Claimant commitment for income support Not yet in force
- Chapter 4: Entitlement to work Not yet in force
- 66Entitlement to work: jobseeker's allowance Not yet in force
- 67Entitlement to work: employment and support allowance Not yet in force
- 68Entitlement to work: maternity allowance and statutory payments Not yet in force
- 69Entitlement to work: statutory shared parental pay Not yet in force
- Part 4: Other benefit changes
- Industrial injuries benefit
- 70Injuries arising before 5th July 1948
- 71Persons under 18
- 72Trainees
- 73Restriction on new claims for industrial death benefit
- 74Determinations
- Housing benefit
- 75Housing benefit: determination of appropriate maximum
- Social fund
- 76Ending of discretionary payments
- 77Purposes of discretionary payments
- 78Determination of amount or value of budgeting loan
- 79Community care grants
- State pension credit Not yet in force
- 80State pension credit: carers Not yet in force
- 81State pension credit: capital limit Not yet in force
- Part 5: Personal independence payment
- Personal independence payment
- 82Personal independence payment
- 83Daily living component
- 84Mobility component
- 85Ability to carry out daily living activities or mobility activities
- 86Required period condition: further provision
- Entitlement and payability: further provision
- 87Terminal illness
- 88Persons of pensionable age
- 89No entitlement to daily living component where UK is not competent state
- 90Care home residents
- 91Hospital in-patients
- 92Prisoners
- Supplementary
- 93Claims, awards and information
- 94Report to the Assembly
- General
- 95Abolition of disability living allowance Not yet in force
- 96Amendments
- 97Power to make supplementary and consequential provision
- 98Transitional
- 99Regulations
- 100Interpretation of Part 4
- Part 6: Social security: general
- Benefit cap
- 101Benefit cap
- 101ABenefit cap review
- 102Benefit cap: supplementary and consequential
- Claims and awards
- 103Claims and awards
- 104Powers to require information relating to claims and awards
- Payments
- 105Payments to joint claimants
- 106Payments on account
- Appeals
- 107Power to require consideration of revision before appeal
- Electronic communications
- 108Electronic communications
- Recovery of benefits
- 109Recovery of benefit payments
- 110Deduction from earnings: other cases
- 111Application of the Limitation (Northern Ireland) Order 1989
- Investigation and prosecution of offences
- 112Powers to require information relating to investigations
- 113Time limits for legal proceedings
- 114Prosecution powers of the Housing Executive Not yet in force
- Penalties as alternative to prosecution
- 115Penalty in respect of benefit fraud not resulting in overpayment
- 116Amount of penalty
- Loss of benefit
- 117Benefit offences: period of sanction
- 118Benefit offences: sanctions for repeated benefit fraud
- 119Cautions Not yet in force
- Information-sharing
- 120Information-sharing in relation to provision of overnight care etc.
- 121Information-sharing in relation to welfare services etc.
- 122Unlawful disclosure of information
- 123Articles 120 to 122: supplementary
- 124Information-sharing for social security or employment purposes etc.
- Reports by Department
- 125Reports by Department
- Part 7: Miscellaneous
- Child support maintenance
- 126Supporting maintenance agreements Not yet in force
- 127Collection of child support maintenance
- 128Indicative maintenance calculations Not yet in force
- 129Recovery of child support maintenance by deduction from benefit
- 130Fees
- 131Exclusion from individual voluntary arrangements
- Employment and training
- 132Use of jobcentres by sex industry
- Reduced dog licence fees for those in receipt of income-related benefits
- 133Reduced fee for dog licences
- Rate relief schemes: application of housing benefit law
- 134Rate relief schemes: application of housing benefit law
- Discretionary support
- 135Discretionary support
- 136Discretionary support Commissioner
- Payments to persons suffering financial disadvantage
- 137Payments to persons suffering financial disadvantage
- 137APayments to persons affected by social sector size criteria in calculation of universal credit or housing benefit
- 137BCost of work allowance
- Duties of the Department
- 138Duty to ensure availability of advice and assistance
- 139Duty to report on operation of this Order
- Part 8: Repeals
- 140Repeals
- Signature
- Schedule 1: Universal credit: supplementary regulation-making powers
- 1Entitlement of joint claimants
- 2Linking periods
- 3Couples
- 4Calculation of capital and income
- 5Responsibility for children etc.
- 6Vouchers Not yet in force
- 7Work-related requirements
- 8Good reason Not yet in force
- Schedule 2: Universal credit: amendments
- 1The Education Reform (Northern Ireland) Order 1989 (NI 20)
- 2The Child Support (Northern Ireland) Order 1991 (NI 23)
- 3The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6 Not yet in force
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Not yet in force
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20 Not yet in force
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28The Children (Northern Ireland) Order 1995 (NI 2)
- 29The Jobseekers (Northern Ireland) Order 1995 (NI 15)
- 30The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11) Not yet in force
- 31The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
- 32Paragraph 32
- 33Paragraph 33
- 34The Social Security (Northern Ireland) Order 1998 (NI 10)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42 Not yet in force
- 43The Immigration and Asylum Act 1999 (c. 33)
- 44The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)
- 45The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49 Not yet in force
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53The State Pension Credit Act (Northern Ireland) 2002 (c. 14)
- 54The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
- Schedule 3: Abolition of benefits: consequential amendments
- 1The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4The Social Security Administration (Northern Ireland) Act 1992 (c. 8) Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11The Social Security (Northern Ireland) Order 1998 (NI 10) Not yet in force
- 12The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) Not yet in force
- 13The Social Security Fraud Act (Northern Ireland) 2001 (c. 17) Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- 17The Welfare Reform Act (Northern Ireland) 2007 (c. 2)
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Schedule 4: Housing credit element of state pension credit Not yet in force
- Part 1: Amendments to State Pension Credit Act (Northern Ireland) 2002 Not yet in force
- 1The State Pension Credit Act (Northern Ireland) 2002 (c. 14) Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- Part 2: Amendments to other Acts Not yet in force
- 9The Social Security Administration (Northern Ireland) Act 1992 (c. 8) Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) Not yet in force
- Schedule 5: Universal credit and other working age benefits
- 1General
- 2Dual entitlement
- 3Movement between working-age benefits
- 4Hardship payments Not yet in force
- 5Earnings tapers Not yet in force
- 6Paragraph 6
- Schedule 6: Migration to universal credit
- 1General
- 2Claims before the appointed day
- 3Claims on or after the appointed day
- 4Awards
- 5Work-related requirements and sanctions
- 6Supplementary
- 7Paragraph 7
- Schedule 7: Jobseeker's allowance in interim period: consequential amendments
- 1The Jobseekers (Northern Ireland) Order 1995 (NI 15)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5 Not yet in force
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11The Social Security (Northern Ireland) Order 1998 (NI 10) Not yet in force
- 12The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
- 13The Welfare Reform Act (Northern Ireland) 2010 (c. 13) Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15
- Schedule 8: Social fund discretionary payments: consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 9: Personal independence payment: amendments
- 1The Child Support (Northern Ireland) Order 1991 (NI 23)
- 2The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
- 3Paragraph 3 Not yet in force
- 4Paragraph 4
- 5Paragraph 5
- 6The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31The Road Traffic (Northern Ireland) Order 1995 (NI 18)
- 32The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
- 33Paragraph 33
- 34Paragraph 34
- 35The Social Security (Northern Ireland) Order 1998 (NI 10)
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42The Immigration and Asylum Act 1999 (c. 33)
- 43The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)
- 44Paragraph 44
- 45Paragraph 45
- Schedule 10: Personal independence payment: transitional
- 1General
- 2Claims before the appointed day
- 3Claims on or after the appointed day
- 4Awards of existing allowance
- 5Supplementary
- Schedule 11: Power to require consideration of revision before appeal
- 1The Child Support (Northern Ireland) Order 1991 (NI 23)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)
- 7Paragraph 7
- 8Paragraph 8
- 9The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Schedule 12: Repeals
- 1Abolition of benefits superseded by universal credit
- 2Entitlement to jobseeker's allowance without seeking employment
- 3Jobseeker's allowance: responsibilities for interim period
- 4Jobseeker's allowance: responsibilities after introduction of universal credit
- 5Employment and support allowance: responsibilities after introduction of universal credit
- 6Industrial injuries arising before 5th July 1948
- 7Social fund: ending of discretionary payments
- 8Disability living allowance Not yet in force
- 9Powers to require information relating to claims and awards Not yet in force
- 10Recovery of benefit payments
- 11Loss of benefit Not yet in force
- 12Information-sharing
- Explanatory note