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The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016

S.R. 2016/220 · Made 4 May 2016 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 30 April 2026.

Social Security

Made 4th May 2016

Laid before Parliament 10th May 2016

Coming into operation in accordance with regulation 1(2) and (3)

M1M2M3M4M5The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by Article 40(1) (as substituted by section 20 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 ) and 40(2) (as it has effect apart from section 20 of that Act) of the Child Support (Northern Ireland) Order 1991 and sections 1(1) and (1C), 5(1)(a) to (d), (g), (i) to (n), (q) and (r), (1A) and (2B), 5A(2)(b), 13A(2) and (3), 105A(1A)(d), (1B)(d), (1D)(c) and (1E)(c), 106(1A)(d), (1B)(d), (1C)(c) and (1D)(c), 165(1) and (4) to (6) and 167(1) of the Social Security Administration (Northern Ireland) Act 1992 and Articles 38 and 97 of, and paragraph 3 of Schedule 1 to, the Welfare Reform (Northern Ireland) Order 2015 .

Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015.C1C2C3C4C5C6

Annotations to the whole text

Marginal citations

M1

Article 40(1) was substituted by Article 129 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006 (N.I.)).

M2

2000 c. 4 (N.I.); section 20 of that Act substituted Article 40 of the Child Support (Northern Ireland) Order 1991 in relation to certain cases only, see Article 3 of S.R. 2003 No. 53 (C. 4).

M3

S.I. 1991/2628 (N.I. 23).

M4

1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)), in section 5 subsection (1)(d), (g) and (k) is amended by Article 103 of the Welfare Reform (Northern Ireland) Order 2015 and subsections (1A) and (2B) are inserted respectively by Articles 104(3) and 105 of that Order, section 5A was inserted by Article 68 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and subsection (2)(b) was amended by paragraph 8(a) of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), section 13A was inserted by paragraph 1 of the Schedule to the Social Security (Mortgage Interest Payments) (Northern Ireland) Order 1992 (S.I. 1992/1309 (N.I. 9)) and subsection (2) was amended by paragraph 9(b) and (c) of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and subsection (3) was amended by Article 18(2) of S.I. 2002/1555, section 105A was inserted by Article 12 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and subsections (1A) to (1E) were inserted by section 15(1)(b) of the Social Security Fraud Act (Northern Ireland) Act 2001 (c. 17 (N.I.)), in section 106 subsection (1A) was inserted by Article 13 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and subsections (1A) to (1D) were substituted by section 15(2) of the Social Security Fraud Act (Northern Ireland) 2001 and section 165 was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), Schedule 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and section 18(5) of the National Insurance Contributions Act 2014 (c. 7) and is amended by Article 108(1) of the Welfare Reform (Northern Ireland) Order 2015. Section 167(1) is cited for the meaning it gives to ‘prescribe’.

M5

S.I. 2015/2006 (N.I. 1).

Modifications

C1

Regulations applied (25.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017 (S.R. 2017/190), art. 2(2)

C2

Regulations applied (coming into force in accordance with reg. 1(2) of the amending Regulations) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), Sch. 2 para. 1(4)

C3

Regulations applied (13.11.2017) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 9 and Transitional and Transitory Provisions) Order 2017 (S.R. 2017/216), art. 2(2)

C4

Regulations applied (15.1.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 10 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2018 (S.R. 2018/1), art. 2(2)

C5

Regulations applied (9.5.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 11 and Transitional and Transitory Provisions) Order 2018 (S.R. 2018/97), art. 2(2)

C6

Regulations applied (19.7.2018) by The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 12 and Transitional and Transitory Provisions and Commencement No. 9, 10 and 11 and Transitional and Transitory Provisions (Amendment)) Order 2018 (S.R. 2018/138), art. 2(2)

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Use of electronic communications
  5. 4Consequential amendments
  6. 5Disapplication of section 1(1A) of the Administration Act
  7. Part 2: Claims
  8. 6Claims not required for entitlement to employment and support allowance in certain cases
  9. 7Making a claim for universal credit
  10. 8Claims for universal credit by members of a couple
  11. 9Date of claim for universal credit
  12. 10Making a claim for personal independence payment
  13. 11Date of claim for personal independence payment
  14. 12Making a claim for an employment and support allowance by telephone
  15. 13Date of claim for an employment and support allowance where claim made by telephone
  16. 14Making a claim for an employment and support allowance in writing
  17. 15Date of claim for an employment and support allowance where claim made in writing
  18. 16Claims for an employment and support allowance where no entitlement to statutory sick pay
  19. 17Special provisions where it is certified that a woman is expected to be confined or where she has been confined
  20. 18Making a claim for a jobseeker's allowance: attendance at an appropriate office
  21. 19Date of claim where a person claiming a jobseeker's allowance is required to attend at an appropriate office
  22. 20Making a claim for a jobseeker's allowance in writing
  23. 21Date of claim for a jobseeker's allowance where claim made in writing
  24. 22Making a claim for a jobseeker's allowance by telephone
  25. 23Date of claim for a jobseeker's allowance where claim made by telephone
  26. 24Interchange with claims for other benefits
  27. 25Time within which a claim to universal credit is to be made
  28. 26Time within which a claim to a personal independence payment is to be made
  29. 27Time within which a claim for an employment and support allowance is to be made
  30. 28Time within which a claim for a jobseeker's allowance is to be made
  31. 29Amendment of claim
  32. 30Withdrawal of claim
  33. 31Advance claim for and award of universal credit
  34. 31AReclaims of universal credit after nil award due to earnings
  35. 32Advance claim for and award of personal independence payment
  36. 33Advance claim for and award of an employment and support allowance or a jobseeker's allowance
  37. 34Attendance in person
  38. 35Duration of awards
  39. Part 3: Evidence, information and notification of changes of circumstances
  40. 36Evidence and information in connection with a claim
  41. 37Evidence and information in connection with an award
  42. 38Evidence and information required from pension fund holders
  43. 39Notification of changes of circumstances for purposes of sections 105A and 106 of the Administration Act
  44. Part 4: Payments
  45. 40Time of payment; general provision
  46. 41Direct credit transfer
  47. 42Payment of universal credit
  48. 43Payment of personal independence payment
  49. 44Days for payment of personal independence payment
  50. 45Payment of personal independence payment at a daily rate between periods in hospital or other accommodation
  51. 46Payment of an employment and support allowance
  52. 47Payment of a jobseeker's allowance
  53. 48Fractional amounts of benefit
  54. 49Payments to persons under age 18
  55. 50Extinguishment of right to payment if payment is not obtained within the prescribed period
  56. 51Payments on death
  57. Part 5: Third Parties
  58. 52Persons unable to act
  59. 53Payment to another person on the claimant's behalf
  60. 54Direct payment to lender of deductions in respect of interest secured on loans Repealed
  61. 55Deductions which may be made from benefit and paid to third parties
  62. Part 6: Mobility component of personal independence payment
  63. 56Cases where mobility component of personal independence payment not payable
  64. 57Payment of personal independence payment on behalf of a claimant (Motability)
  65. 57ARecovery of expenses
  66. 58Power of the Department to terminate an arrangement (Motability)
  67. 59Restriction on duration of arrangements by the Department (Motability)
  68. Signature
  69. Schedule 1: Electronic communications
  70. Part 1: Use of electronic communications
  71. 1Use of electronic communications by the Department
  72. 2Conditions for the use of electronic communications by other persons
  73. 3Use of intermediaries
  74. Part 2: Evidential provisions
  75. 4Effect of delivering information by electronic communications
  76. 5Proof of delivery
  77. 6Proof of identity
  78. 7Proof of content
  79. Schedule 2: Consequential amendments
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. 3Paragraph 3
  83. Schedule 3: Special provisions relating to claims for a jobseeker's allowance during periods connected with public holidays
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 3Paragraph 3
  87. Schedule 4: Direct payment to lender of deductions in respect of interest on secured loans Repealed
  88. 1Paragraph 1 Repealed
  89. 2Relevant claimants and benefits from which payments are to be made Repealed
  90. 3Circumstances in which direct payments of loan interest to be made Repealed
  91. 4Determining the amount to be paid to a qualifying lender Repealed
  92. 5Determining the amount to be paid to a qualifying lender: more than one loan Repealed
  93. 6Qualifying lenders to apply direct payments in discharge of borrower's liability Repealed
  94. 7Application by qualifying lenders of any amount which exceeds liability Repealed
  95. 8Time and manner of payments Repealed
  96. 9Fees payable by qualifying lenders Repealed
  97. 10Election not to be regarded as a qualifying lender Repealed
  98. 11Provision of information Repealed
  99. 12Recovery of sums wrongly paid Repealed
  100. Schedule 5: Deductions from benefit and direct payment to third parties
  101. 1Interpretation
  102. 2General
  103. 3Limitations applicable to deductions made under this Schedule
  104. 4Maximum amount
  105. 5Priority as between certain debts
  106. 6Housing costs
  107. 7Rent and service charges included in rent
  108. 8Fuel costs
  109. 9Rates
  110. 10Water charges
  111. 11Payments in place of payments of child support maintenance Repealed
  112. 12Integration loans
  113. Schedule 6: Deductions from benefit in respect of child support maintenance and payment to persons with care
  114. 1Interpretation
  115. 2Deductions
  116. 3Arrears
  117. 4Apportionment
  118. 5Flat rate maintenance
  119. 6Notice
  120. Explanatory note