OpenLegislation

Regulation 2 InterpretationI1

Northern Ireland

(1)

In these Regulations—

  • “the Claims and Payments Regulations 1987” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1;

  • “the Jobseekers Order 1995” means the Jobseekers (Northern Ireland) Order 1995f2;

  • “the JSA Regulations 1996” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996f3;

  • “the Social Security Order 1998” means the Social Security (Northern Ireland) Order 1998f4;

  • “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006f5;

  • “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f6;

  • “the 2007 Act” means the Welfare Reform Act (Northern Ireland) 2007f7;

  • “the ESA Regulations 2008” means the Employment and Support Allowance Regulations (Northern Ireland) 2008f8;

  • “the ESA (Transitional Provisions) Regulations 2010” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010f9;

  • “the Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016f10;

  • “the Order” means the Welfare Reform (Northern Ireland) Order 2015;

  • “the Universal Credit Regulations” means the Universal Credit Regulations (Northern Ireland) 2016f11;

  • F1“the Decisions and Appeals Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016;

  • “Appeal Tribunal” has the same meaning as in Article 39 of the Social Security Order 1998;

  • “assessment period” has the same meaning as in regulation 22 of the Universal Credit Regulations;

  • “capital” has the same meaning as in Part 6 of the Universal Credit Regulations;

  • F2“childcare costs element” has the meaning in the Universal Credit Regulations;

  • “Commissioner” has the same meaning as in the Social Security Order 1998;

  • “couple” has the same meaning as it has in Article 45 of the Order;

  • “claimant” in relation to an employment and support allowance or a jobseeker’s allowance, has the same meaning as in Part 1 of the 2007 Act and the Jobseekers Order 1995 (as it applies apart from the amendments made by Part 1 of Schedule 12 to the Order that remove references to an income-based jobseeker’s allowance) respectively and, in relation to universal credit, has the same meaning as in Part 1 of the Order;

  • F3“deadline day” has the meaning in regulation 45;

  • “earned income” has the meaning in Chapter 2 of Part 6 of the Universal Credit Regulations;

  • “existing benefit” means income-based jobseeker’s allowance, income-related employment and support allowance, income support, housing benefit and child tax credit and working tax credit under the Tax Credits Act 2002f12 but see also F4paragraph (3) and regulation 26(2);

  • F5“final deadline” has the meaning in regulation 47;

  • “HMRC” means Her Majesty’s Revenue and Customs;

  • “housing benefit” means housing benefit under section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • “income-based jobseeker’s allowance” has the same meaning as in Article 3(4) of the Jobseekers Order 1995;

  • “income-related employment and support allowance” means an income-related allowance under section 1(7) in Part 1 of the 2007 Act;

  • “income support” means income support under section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • F6“indicative UC amount” has the meaning in regulation 55;

  • “joint-claim jobseeker’s allowance” means old style JSA, entitlement to which arises by virtue of Article 3(2B) of the Jobseekers Order 1995f13;

  • “joint claimants” in relation to universal credit has the same meaning as in Part 2 of the Order;

  • F7“migration day” has the meaning in regulation 50;

  • “migration notice” has the meaning in regulation 45;

  • “new claimant partner” has the meaning given in regulation 5;

  • “new style ESA” means an allowance under Part 1 of the 2007 Act as amended by Schedule 3, and Part 1 of Schedule 12, to the Order to remove references to an income-related allowance;

  • “new style JSA” means an allowance under the Jobseekers Order 1995 as amended by Part 1 of Schedule 12, to the Order to remove references to an income-based allowance;

  • F8“notified person” has the meaning in regulation 45;

  • “old style ESA” means an employment and support allowance under Part 1 of the 2007 Act as that Part has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Order that remove references to an income-related allowance;

  • “old style JSA” means a jobseeker’s allowance under the Jobseekers Order 1995 as that Order has effect apart from the amendments made by Part 1 of Schedule 12 to the Order that remove references to an income-based allowance;

  • “partner” in relation to a person (“A”) means a person who forms part of a couple with Af14;

  • “personal independence payment” means an allowance under Part 5 of the Order;

  • “qualifying age for state pension credit” has the meaning given by section 1(6) of the State Pension Credit Act (Northern Ireland) 2002;

  • F9“qualifying claim” has the meaning in regulation 49;

  • F10“qualifying young person” has the same meaning as in the Universal Credit Regulations, but see also regulation 29;

  • F11“severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the ESA Regulations 2008 or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;

  • “specified accommodation” means accommodation to which one or more of sub-paragraphs (2) to (5) of paragraph 4 of Schedule 1 to the Universal Credit Regulations applies;

  • “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

  • “tax credit” (including “child tax credit” and “working tax credit”), “tax credits” and “tax year” have the same meaning as in the Tax Credits Act 2002.

  • F12“tax credit closure notice” means a notice issued under Article 3A (tax credit closure notice) of the Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019;

  • F13“temporary accommodation” means accommodation which falls within Case 1 or Case 2 under paragraph 4A of Schedule 1 to the Universal Credit Regulations.

  • F14“total legacy amount” has the meaning in regulation 54;

  • “transitional capital disregard” has the meaning in regulation 52;

  • “transitional element” has the meaning in regulation 53.

(2)

For the purposes of these Regulations—

(a)

the date on which a claim for universal credit is made is to be determined in accordance with regulation 9 of the Claims and Payments Regulations;

(b)

where a couple is treated, in accordance with regulation 8(8) of the Claims and Payments Regulations, as having made a claim for universal credit, references to the date on which the claim is treated as made are to the date of formation of the couple;

(c)

where a regulation refers to entitlement to an existing benefit on the date on which a claim for universal credit is made or treated as made, such entitlement is to be taken into account notwithstanding the effect of regulations 3, 5 and 6 or termination of an award of the benefit before that date by virtue of an order made under Article 2 of the Order;

(d)

notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954f15, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

F15(3)

In these Regulations—

(a)

references to an award of income-based jobseeker’s allowance are to an award of old style JSA where the claimant is, or joint claimants are, entitled to the income-based allowance; and

(b)

references to an award of income-related employment and support allowance are to an award of old style ESA where the claimant is entitled to the income-related allowance.

(4)

In regulation 47 (termination of existing benefits if no claim before the deadline) F16... “terminate” in relation to an award of income-based jobseeker’s allowance or income-related employment and support allowance means treating that award as if the following provisions had come into force (including where a saving provision has ceased to apply) in relation to that award—

(a)

Article 39(1)(a) and (b) and (2) of the Order (abolition of benefits);

(b)

paragraphs 17 to 21 of Schedule 3 to the Order (abolition of benefits: consequential amendments) and Article 39(3) of the Order in so far as it relates to those paragraphs; and

(c)

the repeals in Part 1 of Schedule 12 to the Order (abolition of benefits superseded by universal credit) that come into force if a claim is made for universal credit.

Annotations

Textual amendments

F1

Words in reg. 2(1) inserted (25.11.2020) by The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/119), regs. 1(2), 6(2)

F2

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(i)

F3

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(ii)

F4

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(iii)

F5

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(iv)

F6

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(v)

F7

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(vi)

F8

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(vii)

F9

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(viii)

F10

Words in reg. 2 inserted (coming into operation in accordance with reg. 1(3) of the amending Rule) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/79), regs. 1(3), 3(2)

F11

Words in reg. 2(1) inserted (16.1.2019) by The Universal Credit (Transitional Provisions) (SDP Gateway) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/2), regs. 1, 2(2)

F12

Words in reg. 2(1) inserted (8.6.2024) by The Social Security (State Pension Age Claimants: Closure of Tax Credits) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/119), regs. 1(1), 2(2)

F13

Words in reg. 2(1) inserted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 9(2) (with reg. 10(1))

F14

Words in reg. 2(1) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(a)(ix)

F15

Reg. 2(3)(4) inserted (24.7.2019) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(2), 2(2)(b)

F16

Words in reg. 2(4) omitted (1.8.2022) by virtue of The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/194), reg. 1(1), Sch. para. 1(2)

Commencement

I1

Reg. 2 coming into operation in accordance with reg. 1

Footnotes

f1

S.R. 1987 No. 465.

f2

S.I. 1995/2705 (N.I. 15).

f3

S.R. 1996 No. 198.

f4

S.I. 1998/1506 (N.I. 10).

f5

S.R. 2006 No. 405.

f6

S.R. 2006 No. 406.

f7

2007 c. 2 (N.I.).

f8

S.R. 2008 No. 280.

f9

S.R. 2010 No. 312.

f10

S.R. 2016 No. 220.

f11

S.R. 2016 No. 216.

f12

2002 c. 21.

f13

Subsection (2B) was inserted by paragraph 3(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and repealed by Part 1 of Schedule 12 to the Order.

f14

See Article 46 of the 2015 Order for the meaning of “couple”.

f15

1954 c. 33 (N.I.).