The Universal Credit Regulations (Northern Ireland) 2016
S.R. 2016/216 · Made 5 May 2016 · Extends to Northern Ireland
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
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
- Part 1: INTRODUCTION
- 1Citation and commencement
- 2Interpretation
- The Benefit Unit
- 3Couples
- 4When a person is responsible for a child or qualifying young person
- 5Responsibility for children looked after by an authority
- 6Meaning of “qualifying young person”
- General
- 7Rounding
- Part 2: ENTITLEMENT
- Minimum age
- 8Cases where the minimum age is 16
- In Northern Ireland
- 9Persons treated as not being in Northern Ireland
- 10Crown servants and members of Her Majesty's forces posted overseas
- 11Temporary absence from Northern Ireland
- Receiving education
- 12Meaning of “receiving education”
- 13Meaning of “undertaking a course”
- 14Exceptions to the requirement not to be receiving education
- Accepting a claimant commitment
- 15Claimant commitment – date and method of acceptance
- 16Claimant commitment – exceptions
- Financial conditions
- 17Minimum amount
- 18Capital limit
- Restrictions on entitlement
- 19Restrictions on entitlement – prisoners etc.
- 20Waiting days Repealed
- Part 3: AWARDS
- 21Awards Repealed
- 22Assessment periods
- 22AAssessment period cycle to remain the same following change in the first date of entitlement
- 23Deduction of income and work allowance
- 24Apportionment where re-claim is delayed after loss of employment
- Part 4: ELEMENTS OF AN AWARD
- Responsibility for children or young persons
- 25The child element
- 25AAvailability of the child element where maximum exceeded Repealed
- 25BOrder of children and qualifying young persons Repealed
- Housing costs
- 26The housing costs element
- 27Amount of the housing costs element – renters and owner-occupiers
- Particular needs or circumstances – capability for work
- 28Award to include LCWRA element
- 28AMeaning of “pre-2026 claimant”
- 29Period for which the ... LCWRA element is not to be included
- Particular needs or circumstances - carers
- 30Award to include the carer element
- 31Meaning of “regular and substantial caring responsibilities for a severely disabled person”
- Particular needs or circumstances – childcare costs
- 32Award to include childcare costs element
- 33The work condition
- 34The childcare costs condition
- 35Amount of childcare costs element
- 36Charges attributable to an assessment period
- 37Meaning of “relevant childcare”
- General
- 38Amounts of elements
- 39Run-on after a death
- Part 5: CAPABILITY FOR WORK OR WORK-RELATED ACTIVITY
- 40Limited capability for work
- 41Limited capability for work and work-related activity
- 41ASevere conditions criteria claimant
- Work Capability Assessment
- 42When an assessment may be carried out
- 43Assessment - supplementary
- 44Information requirement
- 45Medical examinations
- Part 6: CALCULATION OF CAPITAL AND INCOME
- Chapter 1: CAPITAL
- 46What is included in capital?
- 47Jointly held capital
- 48Capital disregarded
- 49Valuation of capital
- 50Notional capital
- Chapter 2: EARNED INCOME
- 51Meaning of “earned income”
- 52Meaning of other terms relating to earned income
- 53Calculation of earned income – general principles
- 54Surplus earnings
- 54ATransitional provision – temporary de minimis period
- 55Employed earnings
- 56Employee involved in trade dispute
- 57Self-employed earnings — treatment of losses
- 58Unused losses
- 59Permitted expenses
- 60Flat rate deductions for mileage and use of home and adjustment for personal use of business premises
- 61Notional earned income
- 62Information for calculating earned income – real time information etc.
- Gainful self-employment
- 63Minimum income floor
- 64Start-up period
- 65Meaning of “gainful self-employment”
- Chapter 3: UNEARNED INCOME
- 66What is included in unearned income?
- 67Meaning of “retirement pension income”
- 68Person treated as having student income
- 69Calculation of student income - student loans and postgraduate loans
- 70Calculation of student income - grants
- 71Calculation of student income – amount for an assessment period
- General
- 72Assumed yield from capital
- 73Unearned income calculated monthly
- 74Notional unearned income
- Chapter 4: MISCELLANEOUS
- 75Compensation for personal injury
- 76Special schemes for compensation etc.
- 77Company analogous to a partnership or one person business
- Part 7: THE BENEFIT CAP
- 78Definition of Couple
- 79Circumstances where the benefit cap applies
- 80Manner of determining total entitlement to welfare benefits
- 80ARelevant amount
- 81Reduction of universal credit
- 82Exceptions - earnings
- 83Exceptions - entitlement or receipt of certain benefits
- Part 8: CLAIMANT RESPONSIBILITIES
- Chapter 1: WORK-RELATED REQUIREMENTS
- Introductory
- 84Definition of carer
- 85Nomination of responsible carer and responsible foster parent
- 86References to paid work
- 87Expected hours
- Work-related groups
- 88Claimants subject to no work-related requirements
- 89Claimants subject to no work-related requirements - the earnings thresholds
- 90Claimants subject to work-focused interview requirement only
- The work-related requirements
- 91Purposes of a work-focused interview
- 92Work search requirement - interviews
- 93Work search requirement - all reasonable action
- 94Work availability requirement - able and willing immediately to take up paid work
- 95Work search requirement and work availability requirement - limitations
- 96Victims of domestic violence
- 97Circumstances in which requirements must not be imposed
- 97AInterpretation
- Chapter 2: SANCTIONS
- Reduction periods
- 98General principles for calculating reduction periods
- 99Higher-level sanctions
- 100Medium-level sanction
- 101Low-level sanction
- 102Lowest-level sanction
- When reduction to have effect
- 103Start of the reduction
- 104Reduction period to continue where award terminates
- 105Suspension of a reduction where fraud penalty applies
- 106When a reduction is to be terminated
- Amount of reduction
- 107Amount of reduction for each assessment period
- 108Daily reduction rate
- Miscellaneous
- 109Application of ESA or JSA sanctions to universal credit
- 110Failures for which no reduction is applied
- Chapter 3: HARDSHIP
- 111Conditions for hardship payments
- 112The period of hardship payments
- 113The amount of hardship payments
- 114Recoverability of hardship payments
- 115Transitional Provision
- Signature
- Schedule 1: Meaning of payments in respect of accommodation
- Part: General
- 1Interpretation
- Part: Rent payments
- 2Rent Payments
- 3Payments excluded from being rent payments
- 4Specified accommodation
- 4ATemporary Accommodation
- Part: Owner-occupier payments
- 5Owner-occupier payments Repealed
- 6Meaning of “loan interest payments” Repealed
- 7Meaning of “alternative finance payments” Repealed
- Part: Service charge payments
- 8Service charge payments
- 9Additional conditions: social rented sector renters and owner-occupiers
- Schedule 2: Claimant treated as liable or not liable to make payments
- Part I: Treated as liable to make payments
- 1Certain other persons liable to make payments
- 2Failure to pay by the person who is liable
- 3Payments waived in return for repair work
- 4Rent free periods
- Part 2: Treated as not liable to make payments
- 5Liability to make rent and other payments to close relative
- 6Liability to make rent and other payments to company
- 7Liability to make rent and other payments to a trust
- 8Liability to make owner-occupier and other payments to member of same household
- 9Arrears of payments
- 10Contrived liability
- Schedule 3: Claimant treated as occupying or not occupying accommodation
- Part 1: Treated as occupying accommodation
- 1The occupation condition: the general rule
- 2Claimant living in other accommodation during essential repairs
- 3Claimant housed in two dwellings by provider of social housing
- 4Moving home: adaptations to new home for disabled person
- 5Claimant living in other accommodation because of reasonable fear of violence
- 6Moving in delayed by adaptations to accommodation to meet disablement needs
- 7Moving into accommodation following stay in hospital or care home
- Part 2: Treated as not occupying accommodation
- 8Periods of temporary absence exceeding 6 months
- Schedule 4: Housing costs element for renters
- Part I: General
- 1Definition of renter
- 2Interpretation
- 3“Relevant payments” for purposes of this Schedule
- Part 2: Exception to inclusion of housing costs element
- 4No housing costs element for 16 or 17 year old care leavers
- 4ANo housing costs element for certain renters aged at least 18 but under 22 Repealed
- 4BPersons to whom paragraph 4A does not apply - general Repealed
- 4CPersons to whom paragraph 4A does not apply – periods of work Repealed
- Part 3: General provisions about calculation of amount of housing costs element for renters
- 5Relevant payments to be taken into account
- 6Relevant payments calculated monthly
- Room allocation
- 7Size criteria applicable to the extended benefit unit of all renters
- 8Extended benefit unit of a renter for purposes of this Schedule
- 9Number of bedrooms to which a renter is entitled
- 10Temporary absence of member of renter's extended benefit unit
- 11Additional room
- Housing cost contributions
- 12Housing cost contributions
- 13Amount of housing cost contributions
- 14Exempt renters
- 15No deduction for housing cost contributions in respect of certain non-dependants
- Calculation involving more than one accommodation
- 16Single calculation for renter treated as occupying single accommodation
- 17Calculation where move to new accommodation delayed for adaptations for disabled person
- 18Calculation where renter moves out because of reasonable fear of violence
- Part 4: Private rented sector ...
- 19Application of Part 4
- 20Meaning of “temporary accommodation” Repealed
- The calculation of the housing costs element under this Part
- 21The amount of housing costs element under this Part
- 22Core rent
- 23Core rent for joint tenants
- 24Cap rent
- Further provisions about size criteria for cases to which this Part applies
- 25Four bedroom limit
- 26Specified renters entitled to shared accommodation only
- 27Meaning of “specified renters”
- 28Renters excepted from shared accommodation
- Part 5: Social rented sector ...
- 29Application of Part 5
- Reduction in certain cases of amounts to be taken into account
- 30Deduction from relevant payments of amounts relating to use of particular accommodation
- 31Relevant payments excessive
- The calculation of the housing costs element under this Part
- 32The amount of housing costs element
- 33Determining the amount from which HCC deductions are to be made
- 34Determining the amount from which HCC deductions are to be made: joint tenants
- 35Under-occupancy deduction
- Schedule 5: Housing costs element for owner-occupiers
- Part I: General
- 1Definition of Owner-occupier
- 2Interpretation
- 3Relevant payment for the purposes of this schedule
- Part 2: Exception to inclusion of housing costs element
- 4No housing costs element where owner-occupier has any earned income
- Part 3: No housing costs element for qualifying period
- 5No housing costs element under this Schedule for qualifying period
- 6Application of paragraph 5: receipt of JSA and ESA
- 7Application of paragraph 5: joint owner-occupiers ceasing to be a couple
- Part 4: Calculation of amount of housing costs element for owner-occupiers
- 8Payments to be taken into account
- 9The amount of a housing costs element
- 10Amount in respect of interest on loans
- 11Amount in respect of alternative finance arrangements
- 12Standard rate to be applied under paragraphs 10 and 11
- 13Amount in respect of service charge payments
- 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
- 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
- 2Claimant is awaiting first assessment under Part 5 before 6th April 2026
- 3Claimant with limited capability for work is awaiting reassessment under Part 5 before 6th April 2026
- 4Claimant with limited capability for work and work-related activity whose award does not include the LCWRA element on 6th April 2026
- 5Claimant entitled to an employment and support allowance before 6th April 2026
- Schedule 6: Assessment of whether a claimant has limited capability for work
- IPhysical disabilities
- 2Mental, cognitive and intellectual function assessment
- Schedule 7Assessment of whether a claimant has limited capability for work and work-related activity
- Schedule 8: Circumstances in which a claimant is to be treated as having limited capability for work
- Part: Receiving certain treatments
- 1Paragraph 1
- Part: In hospital
- 2Paragraph 2
- Part: Prevented from working by law
- 3Paragraph 3
- Part: Risk to self or others
- 4Paragraph 4
- Part: Life threatening disease
- 5Paragraph 5
- Part: Disabled and over the age for state pension credit
- 6Paragraph 6
- Schedule 9: Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity
- Part: Terminal illness
- 1Paragraph 1
- Part: Pregnancy
- 2Paragraph 2
- Part: Receiving treatment for cancer
- 3Paragraph 3
- Part: Risk to self or others
- 4Paragraph 4
- Part: Disabled and over the age for state pension credit
- 5Paragraph 5
- Schedule 10: Capital to be disregarded
- Part: Premises or land
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part: Business assets
- 7Paragraph 7
- 8Paragraph 8
- Part: Rights in pensions schemes etc.
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part: Amounts earmarked for special purposes
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part: Other payments
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 18ZAParagraph 18ZA
- 18ZBParagraph 18ZB
- 18AParagraph 18A
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Schedule 11: Application of ESA or JSA sanctions to universal credit
- 1Moving an ESA sanction to UC
- 2Moving a JSA sanction to UC
- 3Effect of ESA or JSA sanction on escalation of UC sanction
- Schedule 12: Availability of the child element where maximum exceeded - exceptions Repealed
- 1Introduction Repealed
- 2Multiple births Repealed
- 3Adoptions Repealed
- 4Non-parental caring arrangements Repealed
- 5Non-consensual conception Repealed
- 6Continuation of existing exception in a subsequent award Repealed
- Explanatory note