The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016
S.R. 2016/226 · Made 5 May 2016 · Extends to Northern Ireland
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
- Part 1: Introductory
- 1Citation and commencement
- 2Interpretation
- Part 2
- Chapter A1: ENTITLEMENT TO CLAIM UNIVERSAL CREDIT
- 2ADepartment discretion to determine that claims for universal credit may not be made Repealed
- 2BRestriction on claims for universal credit by persons entitled to a severe disability premium Repealed
- Chapter 1: ENTITLEMENT TO OTHER BENEFITS
- 3Exclusion of entitlement to certain benefits
- 3AEntitlement to universal credit and housing benefit: universal credit work allowance
- 4Exclusion of claims for certain existing benefits Repealed
- 4ARestriction on claims for housing benefit, income support or a tax credit
- 5Termination of awards of certain existing benefits: new claimant partners
- 6Termination of awards of certain existing benefits: other claimants
- 6ATransitional housing payment
- 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
- 7Treatment of ongoing entitlement to certain benefits: benefit cap
- 8Treatment of overpayments
- 8AArrears of benefit disregarded as capital
- 8BArrears of maternity allowance disregarded as capital
- 8CCompensatory payment disregard as capital
- 9Ongoing awards of tax credits
- 10Modification of tax credits legislation: overpayments and penalties
- 11Modification of tax credits legislation: finalisation of tax credits
- 12Appeals etc relating to certain existing benefits
- 13Appeals etc relating to universal credit
- Chapter 2: EFFECT OF TRANSITION TO UNIVERSAL CREDIT
- 14Modification of Claims and Payments Regulations in relation to universal credit claimants
- 15Persons Unable to act
- 16Waiting days Repealed
- 17Advance payments of universal credit
- 18Deductions from benefits
- 19Transition from old style ESA
- 20Transition from old style ESA before the end of the assessment phase
- 21Transition from jobseeker’s allowance following an extended period of sickness
- 22Other claimants with limited capability for work...
- 23Transition from income support payable on the grounds of incapacity for work or disability and other incapacity benefits
- 24Transition from other incapacity benefits: assessment under the ESA (Transitional Provisions) Regulations 2010
- 25Transition from other incapacity benefits: claimants approaching pensionable age
- 26Transition from other incapacity benefits: supplementary
- 27Other claimants with incapacity for work: credits only cases where claimant is approaching pensionable age
- 28Other claimants with incapacity for work: credits only cases
- 29Meaning of “qualifying young person”
- 30Support for housing costs
- 31Sanctions: transition from old style ESA
- 32Escalation of sanctions: transition from old style ESA
- 33Sanctions: transition from old style JSA
- 34Escalation of sanctions: transition from old style JSA
- 35Sanctions: temporary return to certain existing benefits
- 36Loss of benefit penalties: transition from existing benefits other than tax credits
- 37Loss of benefit penalties: reduction of universal credit
- 38Loss of benefit penalties transition from working tax credit
- 39Loss of benefits penalties maximum total reduction
- Part 3: ARRANGEMENTS REGARDING CHANGES TO THE CHILD ELEMENT
- 40Restriction on claims for universal credit during the interim period Repealed
- 41Availability of the child element where maximum exceeded - transitionally protected children and qualifying young persons Repealed
- 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
- 43Evidence for non-consensual conception where claimant previously had an award of child tax credit Repealed
- 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
- Part 4: MANAGED MIGRATION TO UNIVERSAL CREDIT
- The Migration Process
- 45Migration notice
- 46Extension of the deadline day
- 47Termination of existing benefits if no claim before the deadline
- 48Notified persons who claim as a different benefit unit Repealed
- Transitional Protection
- 49Meaning of “qualifying claim”
- 50Meaning of “migration day”
- 51Department to determine whether transitional protection applies
- 52The transitional capital disregard
- 53The transitional element
- 54The transitional element - total legacy amount
- 55The transitional element - indicative UC amount
- 56The transitional element – initial amount and adjustment where other elements increase
- Ending of transitional protection
- 57Circumstances in which transitional protection ceases
- 58Application of transitional protection to a subsequent award
- Miscellaneous
- 59Qualifying claim – Department may set later commencement day
- 60Minimum income floor not to apply for first 12 months Repealed
- 61Protection for full-time students until course completed
- 61AWaiver of upper age limit for claimants migrated from tax credits
- 61BDeferral of retirement pension income
- 61CExemption from the benefit cap
- 62Rounding
- 63Effect of revision, appeal etc. of an award of an existing benefit
- 64Claimants previously entitled to a severe disability premium
- 64AClaimants who have lost certain transitional protection because of error
- 65Discretionary hardship payments Repealed
- Signature
- Schedule 1: MODIFICATION OF TAX CREDITS LEGISLATION (FINALISATION OF TAX CREDITS)
- 1Modifications to the Tax Credits Act 2002
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Modifications to the Tax Credits (Definition and Calculation of Income) Regulations
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Modifications to the Tax Credits (Income Thresholds and Determination of Rates) Regulations
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Modifications to the Tax Credits (Claims and Notifications) Regulations
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Modification to the Tax Credits (Payment by the Commissioners) Regulations
- 36Paragraph 36
- 37Modification to the Tax Credits (Residence) Regulations
- 38Paragraph 38
- Schedule 2: Claimants previously entitled to a severe disability premium
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 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
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Explanatory note