OpenLegislation

The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016

S.R. 2016/226 · 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 6 April 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 56(4)words substitutedSocial Security 2026 reg. 9(2)(a)
reg. 56(5B)insertedSocial Security 2026 reg. 9(2)(b)
reg. 56(6)words insertedSocial Security 2026 reg. 9(2)(c)(i)
reg. 56(6)words omittedSocial Security 2026 reg. 9(2)(c)(ii)
reg. 56(7)insertedSocial Security 2026 reg. 9(2)(d)

Social Security

Made 5th May 2016

Laid before Parliament 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 38 and 48(1) and (2) of and paragraphs 1(1) and (2)(b), 3(1)(a) to (c), 4(1)(a), and 5(1), (2)(c) and (d) and (3)(a) of Schedule 6 to the Welfare Reform (Northern Ireland) Order 2015f1.

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

Annotations to the whole text

Footnotes

f1

S.I. 2015/2006 (N.I. 1); for the meaning of “prescribed” and “Regulations” see Article 5.

Contents

  1. Part 1: Introductory
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2
  5. Chapter A1: ENTITLEMENT TO CLAIM UNIVERSAL CREDIT
  6. 2ADepartment discretion to determine that claims for universal credit may not be made Repealed
  7. 2BRestriction on claims for universal credit by persons entitled to a severe disability premium Repealed
  8. Chapter 1: ENTITLEMENT TO OTHER BENEFITS
  9. 3Exclusion of entitlement to certain benefits
  10. 3AEntitlement to universal credit and housing benefit: universal credit work allowance
  11. 4Exclusion of claims for certain existing benefits Repealed
  12. 4ARestriction on claims for housing benefit, income support or a tax credit
  13. 5Termination of awards of certain existing benefits: new claimant partners
  14. 6Termination of awards of certain existing benefits: other claimants
  15. 6ATransitional housing payment
  16. 6BEffect on universal credit award of two week run-on of income support, income-based jobseeker’s allowance and income-related employment and support allowance
  17. 7Treatment of ongoing entitlement to certain benefits: benefit cap
  18. 8Treatment of overpayments
  19. 8AArrears of benefit disregarded as capital
  20. 8BArrears of maternity allowance disregarded as capital
  21. 8CCompensatory payment disregard as capital
  22. 9Ongoing awards of tax credits
  23. 10Modification of tax credits legislation: overpayments and penalties
  24. 11Modification of tax credits legislation: finalisation of tax credits
  25. 12Appeals etc relating to certain existing benefits
  26. 13Appeals etc relating to universal credit
  27. Chapter 2: EFFECT OF TRANSITION TO UNIVERSAL CREDIT
  28. 14Modification of Claims and Payments Regulations in relation to universal credit claimants
  29. 15Persons Unable to act
  30. 16Waiting days Repealed
  31. 17Advance payments of universal credit
  32. 18Deductions from benefits
  33. 19Transition from old style ESA
  34. 20Transition from old style ESA before the end of the assessment phase
  35. 21Transition from jobseeker’s allowance following an extended period of sickness
  36. 22Other claimants with limited capability for work...
  37. 23Transition from income support payable on the grounds of incapacity for work or disability and other incapacity benefits
  38. 24Transition from other incapacity benefits: assessment under the ESA (Transitional Provisions) Regulations 2010
  39. 25Transition from other incapacity benefits: claimants approaching pensionable age
  40. 26Transition from other incapacity benefits: supplementary
  41. 27Other claimants with incapacity for work: credits only cases where claimant is approaching pensionable age
  42. 28Other claimants with incapacity for work: credits only cases
  43. 29Meaning of “qualifying young person”
  44. 30Support for housing costs
  45. 31Sanctions: transition from old style ESA
  46. 32Escalation of sanctions: transition from old style ESA
  47. 33Sanctions: transition from old style JSA
  48. 34Escalation of sanctions: transition from old style JSA
  49. 35Sanctions: temporary return to certain existing benefits
  50. 36Loss of benefit penalties: transition from existing benefits other than tax credits
  51. 37Loss of benefit penalties: reduction of universal credit
  52. 38Loss of benefit penalties transition from working tax credit
  53. 39Loss of benefits penalties maximum total reduction
  54. Part 3: ARRANGEMENTS REGARDING CHANGES TO THE CHILD ELEMENT
  55. 40Restriction on claims for universal credit during the interim period Repealed
  56. 41Availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons Repealed
  57. 42Availability of the child element where maximum exceeded – continuation of exception from a previous award of child tax credit, income support or old style JSA Repealed
  58. 43Evidence for non-consensual conception where claimant previously had an award of child tax credit Repealed
  59. 44Abolition of higher amount of the child element for first child or qualifying young person – saving where claimant responsible for a child or qualifying young person born before 6th April 2017
  60. Part 4: MANAGED MIGRATION TO UNIVERSAL CREDIT
  61. The Migration Process
  62. 45Migration notice
  63. 46Extension of the deadline day
  64. 47Termination of existing benefits if no claim before the deadline
  65. 48Notified persons who claim as a different benefit unit Repealed
  66. Transitional Protection
  67. 49Meaning of “qualifying claim”
  68. 50Meaning of “migration day”
  69. 51Department to determine whether transitional protection applies
  70. 52The transitional capital disregard
  71. 53The transitional element
  72. 54The transitional element - total legacy amount
  73. 55The transitional element - indicative UC amount
  74. 56The transitional element – initial amount and adjustment where other elements increase
  75. Ending of transitional protection
  76. 57Circumstances in which transitional protection ceases
  77. 58Application of transitional protection to a subsequent award
  78. Miscellaneous
  79. 59Qualifying claim – Department may set later commencement day
  80. 60Minimum income floor not to apply for first 12 months Repealed
  81. 61Protection for full-time students until course completed
  82. 61AWaiver of upper age limit for claimants migrated from tax credits
  83. 61BDeferral of retirement pension income
  84. 61CExemption from the benefit cap
  85. 62Rounding
  86. 63Effect of revision, appeal etc. of an award of an existing benefit
  87. 64Claimants previously entitled to a severe disability premium
  88. 64AClaimants who have lost certain transitional protection because of error
  89. 65Discretionary hardship payments Repealed
  90. Signature
  91. Schedule 1: MODIFICATION OF TAX CREDITS LEGISLATION (FINALISATION OF TAX CREDITS)
  92. 1Modifications to the Tax Credits Act 2002
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. 6Paragraph 6
  98. 7Paragraph 7
  99. 8Paragraph 8
  100. 9Paragraph 9
  101. 10Paragraph 10
  102. 11Modifications to the Tax Credits (Definition and Calculation of Income) Regulations
  103. 12Paragraph 12
  104. 13Paragraph 13
  105. 14Paragraph 14
  106. 15Paragraph 15
  107. 16Paragraph 16
  108. 17Paragraph 17
  109. 18Paragraph 18
  110. 19Paragraph 19
  111. 20Paragraph 20
  112. 21Paragraph 21
  113. 22Paragraph 22
  114. 23Paragraph 23
  115. 24Modifications to the Tax Credits (Income Thresholds and Determination of Rates) Regulations
  116. 25Paragraph 25
  117. 26Paragraph 26
  118. 27Paragraph 27
  119. 28Modifications to the Tax Credits (Claims and Notifications) Regulations
  120. 29Paragraph 29
  121. 30Paragraph 30
  122. 31Paragraph 31
  123. 32Paragraph 32
  124. 33Paragraph 33
  125. 34Paragraph 34
  126. 35Modification to the Tax Credits (Payment by the Commissioners) Regulations
  127. 36Paragraph 36
  128. 37Modification to the Tax Credits (Residence) Regulations
  129. 38Paragraph 38
  130. Schedule 2: Claimants previously entitled to a severe disability premium
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. 3Paragraph 3
  134. 4Paragraph 4
  135. 5Paragraph 5
  136. 6Paragraph 6
  137. 7Paragraph 7
  138. 8Paragraph 8
  139. 9Paragraph 9
  140. Schedule 3: Additional amounts for claimants previously entitled to an enhanced disability premium, a disability premium, a disabled child premium or a disabled child element in addition to a severe disability premium
  141. 1Paragraph 1
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. 4Paragraph 4
  145. 5Paragraph 5
  146. 6Paragraph 6
  147. 7Paragraph 7
  148. Explanatory note