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The Universal Credit Regulations (Northern Ireland) 2016

S.R. 2016/216 · Made 5 May 2016 · Extends to Northern Ireland

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 16 July 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 76(1E)insertedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 9
reg. 55(2)(b)words insertedSocial Security 2026 reg. 8(2)
reg. 76(1CA)insertedSocial Security 2026 reg. 8(3)
reg. 76(1A)(f)word omittedSocial Security (Income and Capital Disregards) 2026 reg. 6(a)
reg. 76(1A)(h) and wordsinsertedSocial Security (Income and Capital Disregards) 2026 reg. 6(b)

Social Security

Made 5th May 2016

Laid 10th May 2016

Coming into operation in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles, 5, 7(2), 9(2), (3), (5) to (7), 9(5)(a), 10, 11(1) and (3), 12(2) and (3), 13(3), 14(2) and (3), 15(2) to (5), 16(3) to (5), 17, 19(5), 20(2), 22(3) and (4), 23(3) and (5), 24(2)(d), (3) and (4), 25(1), 27(2), 29(1), (7) and (8), 30, 31(2)(a), (6) and (8), 32(4), (5), (9), 33, 36, 38, 43(3) to (7), 45(3)(a), 46, 48 and 101 of, and paragraphs 1,2, 3(2), 4, 5 and 7 of Schedule 1 and paragraphs 2 and 3 of Schedule 5 to, the Welfare Reform (Northern Ireland) Order 2015M1.

Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) of the Welfare Reform (Northern Ireland) Order 2015.C1

Annotations to the whole text

Marginal citations

M1

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

Modifications

C1

Rule modified (temp.) (8.4.2020) by The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 (S.R. 2020/63), regs. 1(1), 2(1)(2)(e) (with reg. 6(2))

Contents

  1. Part 1: INTRODUCTION
  2. 1Citation and commencement
  3. 2Interpretation
  4. The Benefit Unit
  5. 3Couples
  6. 4When a person is responsible for a child or qualifying young person
  7. 5Responsibility for children looked after by an authority
  8. 6Meaning of “qualifying young person”
  9. General
  10. 7Rounding
  11. Part 2: ENTITLEMENT
  12. Minimum age
  13. 8Cases where the minimum age is 16
  14. In Northern Ireland
  15. 9Persons treated as not being in Northern Ireland
  16. 10Crown servants and members of Her Majesty's forces posted overseas
  17. 11Temporary absence from Northern Ireland
  18. Receiving education
  19. 12Meaning of “receiving education”
  20. 13Meaning of “undertaking a course”
  21. 14Exceptions to the requirement not to be receiving education
  22. Accepting a claimant commitment
  23. 15Claimant commitment – date and method of acceptance
  24. 16Claimant commitment – exceptions
  25. Financial conditions
  26. 17Minimum amount
  27. 18Capital limit
  28. Restrictions on entitlement
  29. 19Restrictions on entitlement – prisoners etc.
  30. 20Waiting days Repealed
  31. Part 3: AWARDS
  32. 21Awards Repealed
  33. 22Assessment periods
  34. 22AAssessment period cycle to remain the same following change in the first date of entitlement
  35. 23Deduction of income and work allowance
  36. 24Apportionment where re-claim is delayed after loss of employment
  37. Part 4: ELEMENTS OF AN AWARD
  38. Responsibility for children or young persons
  39. 25The child element
  40. 25AAvailability of the child element where maximum exceeded Repealed
  41. 25BOrder of children and qualifying young persons Repealed
  42. Housing costs
  43. 26The housing costs element
  44. 27Amount of the housing costs element – renters and owner-occupiers
  45. Particular needs or circumstances – capability for work
  46. 28Award to include LCWRA element
  47. 28AMeaning of “pre-2026 claimant”
  48. 29Period for which the ... LCWRA element is not to be included
  49. Particular needs or circumstances - carers
  50. 30Award to include the carer element
  51. 31Meaning of “regular and substantial caring responsibilities for a severely disabled person”
  52. Particular needs or circumstances – childcare costs
  53. 32Award to include childcare costs element
  54. 33The work condition
  55. 34The childcare costs condition
  56. 35Amount of childcare costs element
  57. 36Charges attributable to an assessment period
  58. 37Meaning of “relevant childcare”
  59. General
  60. 38Amounts of elements
  61. 39Run-on after a death
  62. Part 5: CAPABILITY FOR WORK OR WORK-RELATED ACTIVITY
  63. 40Limited capability for work
  64. 41Limited capability for work and work-related activity
  65. 41ASevere conditions criteria claimant
  66. Work Capability Assessment
  67. 42When an assessment may be carried out
  68. 43Assessment - supplementary
  69. 44Information requirement
  70. 45Medical examinations
  71. Part 6: CALCULATION OF CAPITAL AND INCOME
  72. Chapter 1: CAPITAL
  73. 46What is included in capital?
  74. 47Jointly held capital
  75. 48Capital disregarded
  76. 49Valuation of capital
  77. 50Notional capital
  78. Chapter 2: EARNED INCOME
  79. 51Meaning of “earned income”
  80. 52Meaning of other terms relating to earned income
  81. 53Calculation of earned income – general principles
  82. 54Surplus earnings
  83. 54ATransitional provision – temporary de minimis period
  84. 55Employed earnings
  85. 56Employee involved in trade dispute
  86. 57Self-employed earnings — treatment of losses
  87. 58Unused losses
  88. 59Permitted expenses
  89. 60Flat rate deductions for mileage and use of home and adjustment for personal use of business premises
  90. 61Notional earned income
  91. 62Information for calculating earned income – real time information etc.
  92. Gainful self-employment
  93. 63Minimum income floor
  94. 64Start-up period
  95. 65Meaning of “gainful self-employment”
  96. Chapter 3: UNEARNED INCOME
  97. 66What is included in unearned income?
  98. 67Meaning of “retirement pension income”
  99. 68Person treated as having student income
  100. 69Calculation of student income - student loans and postgraduate loans
  101. 70Calculation of student income - grants
  102. 71Calculation of student income – amount for an assessment period
  103. General
  104. 72Assumed yield from capital
  105. 73Unearned income calculated monthly
  106. 74Notional unearned income
  107. Chapter 4: MISCELLANEOUS
  108. 75Compensation for personal injury
  109. 76Special schemes for compensation etc.
  110. 77Company analogous to a partnership or one person business
  111. Part 7: THE BENEFIT CAP
  112. 78Definition of Couple
  113. 79Circumstances where the benefit cap applies
  114. 80Manner of determining total entitlement to welfare benefits
  115. 80ARelevant amount
  116. 81Reduction of universal credit
  117. 82Exceptions - earnings
  118. 83Exceptions - entitlement or receipt of certain benefits
  119. Part 8: CLAIMANT RESPONSIBILITIES
  120. Chapter 1: WORK-RELATED REQUIREMENTS
  121. Introductory
  122. 84Definition of carer
  123. 85Nomination of responsible carer and responsible foster parent
  124. 86References to paid work
  125. 87Expected hours
  126. Work-related groups
  127. 88Claimants subject to no work-related requirements
  128. 89Claimants subject to no work-related requirements - the earnings thresholds
  129. 90Claimants subject to work-focused interview requirement only
  130. The work-related requirements
  131. 91Purposes of a work-focused interview
  132. 92Work search requirement - interviews
  133. 93Work search requirement - all reasonable action
  134. 94Work availability requirement - able and willing immediately to take up paid work
  135. 95Work search requirement and work availability requirement - limitations
  136. 96Victims of domestic violence
  137. 97Circumstances in which requirements must not be imposed
  138. 97AInterpretation
  139. Chapter 2: SANCTIONS
  140. Reduction periods
  141. 98General principles for calculating reduction periods
  142. 99Higher-level sanctions
  143. 100Medium-level sanction
  144. 101Low-level sanction
  145. 102Lowest-level sanction
  146. When reduction to have effect
  147. 103Start of the reduction
  148. 104Reduction period to continue where award terminates
  149. 105Suspension of a reduction where fraud penalty applies
  150. 106When a reduction is to be terminated
  151. Amount of reduction
  152. 107Amount of reduction for each assessment period
  153. 108Daily reduction rate
  154. Miscellaneous
  155. 109Application of ESA or JSA sanctions to universal credit
  156. 110Failures for which no reduction is applied
  157. Chapter 3: HARDSHIP
  158. 111Conditions for hardship payments
  159. 112The period of hardship payments
  160. 113The amount of hardship payments
  161. 114Recoverability of hardship payments
  162. 115Transitional Provision
  163. Signature
  164. Schedule 1: Meaning of payments in respect of accommodation
  165. Part: General
  166. 1Interpretation
  167. Part: Rent payments
  168. 2Rent Payments
  169. 3Payments excluded from being rent payments
  170. 4Specified accommodation
  171. 4ATemporary Accommodation
  172. Part: Owner-occupier payments
  173. 5Owner-occupier payments Repealed
  174. 6Meaning of “loan interest payments” Repealed
  175. 7Meaning of “alternative finance payments” Repealed
  176. Part: Service charge payments
  177. 8Service charge payments
  178. 9Additional conditions: social rented sector renters and owner-occupiers
  179. Schedule 2: Claimant treated as liable or not liable to make payments
  180. Part I: Treated as liable to make payments
  181. 1Certain other persons liable to make payments
  182. 2Failure to pay by the person who is liable
  183. 3Payments waived in return for repair work
  184. 4Rent free periods
  185. Part 2: Treated as not liable to make payments
  186. 5Liability to make rent and other payments to close relative
  187. 6Liability to make rent and other payments to company
  188. 7Liability to make rent and other payments to a trust
  189. 8Liability to make owner-occupier and other payments to member of same household
  190. 9Arrears of payments
  191. 10Contrived liability
  192. Schedule 3: Claimant treated as occupying or not occupying accommodation
  193. Part 1: Treated as occupying accommodation
  194. 1The occupation condition: the general rule
  195. 2Claimant living in other accommodation during essential repairs
  196. 3Claimant housed in two dwellings by provider of social housing
  197. 4Moving home: adaptations to new home for disabled person
  198. 5Claimant living in other accommodation because of reasonable fear of violence
  199. 6Moving in delayed by adaptations to accommodation to meet disablement needs
  200. 7Moving into accommodation following stay in hospital or care home
  201. Part 2: Treated as not occupying accommodation
  202. 8Periods of temporary absence exceeding 6 months
  203. Schedule 4: Housing costs element for renters
  204. Part I: General
  205. 1Definition of renter
  206. 2Interpretation
  207. 3“Relevant payments” for purposes of this Schedule
  208. Part 2: Exception to inclusion of housing costs element
  209. 4No housing costs element for 16 or 17 year old care leavers
  210. 4ANo housing costs element for certain renters aged at least 18 but under 22 Repealed
  211. 4BPersons to whom paragraph 4A does not apply - general Repealed
  212. 4CPersons to whom paragraph 4A does not apply – periods of work Repealed
  213. Part 3: General provisions about calculation of amount of housing costs element for renters
  214. 5Relevant payments to be taken into account
  215. 6Relevant payments calculated monthly
  216. Room allocation
  217. 7Size criteria applicable to the extended benefit unit of all renters
  218. 8Extended benefit unit of a renter for purposes of this Schedule
  219. 9Number of bedrooms to which a renter is entitled
  220. 10Temporary absence of member of renter's extended benefit unit
  221. 11Additional room
  222. Housing cost contributions
  223. 12Housing cost contributions
  224. 13Amount of housing cost contributions
  225. 14Exempt renters
  226. 15No deduction for housing cost contributions in respect of certain non-dependants
  227. Calculation involving more than one accommodation
  228. 16Single calculation for renter treated as occupying single accommodation
  229. 17Calculation where move to new accommodation delayed for adaptations for disabled person
  230. 18Calculation where renter moves out because of reasonable fear of violence
  231. Part 4: Private rented sector ...
  232. 19Application of Part 4
  233. 20Meaning of “temporary accommodation” Repealed
  234. The calculation of the housing costs element under this Part
  235. 21The amount of housing costs element under this Part
  236. 22Core rent
  237. 23Core rent for joint tenants
  238. 24Cap rent
  239. Further provisions about size criteria for cases to which this Part applies
  240. 25Four bedroom limit
  241. 26Specified renters entitled to shared accommodation only
  242. 27Meaning of “specified renters”
  243. 28Renters excepted from shared accommodation
  244. Part 5: Social rented sector ...
  245. 29Application of Part 5
  246. Reduction in certain cases of amounts to be taken into account
  247. 30Deduction from relevant payments of amounts relating to use of particular accommodation
  248. 31Relevant payments excessive
  249. The calculation of the housing costs element under this Part
  250. 32The amount of housing costs element
  251. 33Determining the amount from which HCC deductions are to be made
  252. 34Determining the amount from which HCC deductions are to be made: joint tenants
  253. 35Under-occupancy deduction
  254. Schedule 5: Housing costs element for owner-occupiers
  255. Part I: General
  256. 1Definition of Owner-occupier
  257. 2Interpretation
  258. 3Relevant payment for the purposes of this schedule
  259. Part 2: Exception to inclusion of housing costs element
  260. 4No housing costs element where owner-occupier has any earned income
  261. Part 3: No housing costs element for qualifying period
  262. 5No housing costs element under this Schedule for qualifying period
  263. 6Application of paragraph 5: receipt of JSA and ESA
  264. 7Application of paragraph 5: joint owner-occupiers ceasing to be a couple
  265. Part 4: Calculation of amount of housing costs element for owner-occupiers
  266. 8Payments to be taken into account
  267. 9The amount of a housing costs element
  268. 10Amount in respect of interest on loans
  269. 11Amount in respect of alternative finance arrangements
  270. 12Standard rate to be applied under paragraphs 10 and 11
  271. 13Amount in respect of service charge payments
  272. Schedule 5A: Further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 28
  273. 1Further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 28
  274. 2Claimant is awaiting first assessment under Part 5 before 6th April 2026
  275. 3Claimant with limited capability for work is awaiting reassessment under Part 5 before 6th April 2026
  276. 4Claimant with limited capability for work and work-related activity whose award does not include the LCWRA element on 6th April 2026
  277. 5Claimant entitled to an employment and support allowance before 6th April 2026
  278. Schedule 6: Assessment of whether a claimant has limited capability for work
  279. IPhysical disabilities
  280. 2Mental, cognitive and intellectual function assessment
  281. Schedule 7Assessment of whether a claimant has limited capability for work and work-related activity
  282. Schedule 8: Circumstances in which a claimant is to be treated as having limited capability for work
  283. Part: Receiving certain treatments
  284. 1Paragraph 1
  285. Part: In hospital
  286. 2Paragraph 2
  287. Part: Prevented from working by law
  288. 3Paragraph 3
  289. Part: Risk to self or others
  290. 4Paragraph 4
  291. Part: Life threatening disease
  292. 5Paragraph 5
  293. Part: Disabled and over the age for state pension credit
  294. 6Paragraph 6
  295. Schedule 9: Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity
  296. Part: Terminal illness
  297. 1Paragraph 1
  298. Part: Pregnancy
  299. 2Paragraph 2
  300. Part: Receiving treatment for cancer
  301. 3Paragraph 3
  302. Part: Risk to self or others
  303. 4Paragraph 4
  304. Part: Disabled and over the age for state pension credit
  305. 5Paragraph 5
  306. Schedule 10: Capital to be disregarded
  307. Part: Premises or land
  308. 1Paragraph 1
  309. 2Paragraph 2
  310. 3Paragraph 3
  311. 4Paragraph 4
  312. 5Paragraph 5
  313. 6Paragraph 6
  314. Part: Business assets
  315. 7Paragraph 7
  316. 8Paragraph 8
  317. Part: Rights in pensions schemes etc.
  318. 9Paragraph 9
  319. 10Paragraph 10
  320. 11Paragraph 11
  321. Part: Amounts earmarked for special purposes
  322. 12Paragraph 12
  323. 13Paragraph 13
  324. 14Paragraph 14
  325. 15Paragraph 15
  326. Part: Other payments
  327. 16Paragraph 16
  328. 17Paragraph 17
  329. 18Paragraph 18
  330. 18ZAParagraph 18ZA
  331. 18ZBParagraph 18ZB
  332. 18AParagraph 18A
  333. 19Paragraph 19
  334. 20Paragraph 20
  335. 21Paragraph 21
  336. 22Paragraph 22
  337. 23Paragraph 23
  338. 24Paragraph 24
  339. 25Paragraph 25
  340. 26Paragraph 26
  341. Schedule 11: Application of ESA or JSA sanctions to universal credit
  342. 1Moving an ESA sanction to UC
  343. 2Moving a JSA sanction to UC
  344. 3Effect of ESA or JSA sanction on escalation of UC sanction
  345. Schedule 12: Availability of the child element where maximum exceeded - exceptions Repealed
  346. 1Introduction Repealed
  347. 2Multiple births Repealed
  348. 3Adoptions Repealed
  349. 4Non-parental caring arrangements Repealed
  350. 5Non-consensual conception Repealed
  351. 6Continuation of existing exception in a subsequent award Repealed
  352. Explanatory note