{
  "url": "https://openlegislation.uk/universal-credit-transitional-provisions-amendment-regulations-northern-ireland-2026/regulation-2",
  "json_url": "https://openlegislation.uk/universal-credit-transitional-provisions-amendment-regulations-northern-ireland-2026/regulation-2.json",
  "legislation": "nisr/2026/4",
  "legislation_title": "The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2026",
  "legislation_url": "https://openlegislation.uk/universal-credit-transitional-provisions-amendment-regulations-northern-ireland-2026",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Amendment of the Universal Credit (Transitional Provisions) Regulations",
  "text": "(1) The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) and (3).\n(2) In regulation 45 (migration notice)—\n(a) in paragraph (3) for “and (3B)” substitute “, (3B) and (3E)”;\n(b) after paragraph (3B) insert—\n“(3C) Paragraph (3E) applies where—\n(a) a migration notice is issued to a claimant who is entitled to an award of income-based jobseeker’s allowance, income-related employment and support allowance or income support; and\n(b) the deadline day specified in the notice would be after the appointed day for Article 39(1)(a), (b) or (c) of the Order to come into operation in relation to the award.\n(3D) Paragraph (3E) also applies where—\n(a) a migration notice is issued to a claimant who is entitled to an award of housing benefit but not to an award of a benefit to which paragraph (3C)(a) refers; and\n(b) the deadline day specified in the notice would be after the appointed day for Article 39(1)(d) of the Order to come into operation in relation to the award.\n(3E) Where this paragraph applies, the deadline day may be the appointed day.\n(3F) In paragraphs (3C) and (3D), the ‘appointed day’ in relation to an award is a day specified in an order made under Article 2(2) of the Order which is not dependent on the making of a claim for universal credit, ignoring any provision in the order that has the effect that the appointed day does not apply when the day that would otherwise be the appointed day falls within a run-on period.\n(3G) In paragraph (3F)—\n(a) a reference to a claim for universal credit includes a reference to an award of universal credit made without a claim where an order under Article 2(2) of the Order provides for that award to result in the appointment of a day for the coming into operation of Article 39(1)(a) or (b) of the Order in relation to the case of the award; and\n(b) ‘run-on period’ means the two-week period mentioned in regulation 6(2A) or 47(1)(a) or in regulation 4(1) of the Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019. ”.\n(3) After regulation 64 (claimants previously entitled to a severe disability premium) insert—\n“Claimants who have lost certain transitional protection because of error\n64A. (1) Paragraph (2) applies to a person who—\n(a) made a qualifying claim that did not result in an award because the Department could not verify their identity;\n(b) despite the qualifying claim, continued to receive old style ESA; and\n(c) has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Department notified them that they could do so for the purposes of this sub-paragraph.\n(2) The Department may, for the purposes of regulation 19(1)(a) or 20(1)(a), treat the person as having been entitled to old style ESA on the date on which the subsequent claim was made or treated as made.\n(3) Paragraph (4) applies to a person who—\n(a) made a qualifying claim that did not result in an award because the Department could not verify their identity;\n(b) despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included a severe disability premium; and\n(c) has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Department notified them that they could do so for the purposes of this sub-paragraph.\n(4) The Department may, for the purposes of paragraph 3(a) of Schedule 2, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium within the month immediately preceding the first day of the award of universal credit.\n(5) Paragraph (6) applies to a person who—\n(a) made a qualifying claim that did not result in an award because the Department could not verify their identity;\n(b) despite the qualifying claim, continued to receive an award of income support, income-based jobseeker’s allowance, or income-related employment and support allowance, that included an enhanced disability premium, a disability premium or a disabled child premium; and\n(c) has been awarded universal credit, having made a subsequent claim within a period of one month beginning with the day on which the Department notified them that they could do so for the purposes of this sub-paragraph.\n(6) The Department may—\n(a) for the purposes of paragraph 4(a) of Schedule 3, treat the person as having been entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included an enhanced disability premium;\n(b) for the purposes of paragraph 4(b) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disability premium; and\n(c) for the purposes of paragraph 4(c) of Schedule 3, treat the person as having been entitled to an award of income support or income-based jobseeker’s allowance that included a disabled child premium,\nwithin the month immediately preceding the first day of the award of universal credit.”.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in operation at 29.1.2026, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 2016 No. 226; relevant amending instruments are S.R. 2019 No. 152, S.R. 2021 No. 2, S.R. 2024 No. 5, S.R. 2025 No. 3"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Under Article 6(6) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017 (S.R. 2017 No. 190) (C. 11) the reference to the case of an award of universal credit made without a claim includes a reference to an old style ESA award or old style JSA award (in either case, as defined in Article 2 of that instrument) that exists immediately before the appointed day"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.R. 2019 No. 152, relevant amending instrument is S.R. 2020 No. 165"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2026/4/regulation/2",
    "retrieved_at": "2026-10-29T00:24:37.183474+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}