Regulation 3 Exclusion of entitlement to certain benefitsI1

Northern Ireland

(1)

Except as provided in paragraph (2), a claimant is not entitled to—

(a)

income support;

(b)

housing benefit;

(c)

a tax credit; or

(d)

state pension credit F1...,

in respect of any period when the claimant is entitled to universal credit^f1.

(2)

Entitlement to universal credit does not preclude the claimant from entitlement—

F2(a)

housing benefit in respect of specified accommodation or temporary accommodation;

(ab)

housing benefit or income support where regulations 6(2A) F3or 47(1) apply; F4...

(b)

during the first assessment period for universal credit, where the claimant is a new claimant partner, to—

(i)

income support, where an award to which the new claimant partner is entitled terminates, in accordance with regulation 5(4), after the first date of entitlement to universal credit,

(ii)

housing benefit, where regulation 5(5)(b) F5or (c) applies and an award of housing benefit to which the new claimant partner is entitled terminates after the first date of entitlement to universal credit, F6...

(iii)

a tax credit, where an award to which the new claimant partner is entitled terminates, in accordance with the Tax Credits Act 2002, after the first date of entitlement to universal credit F7; or

(iv)

state pension credit, where an award to which the new claimant partner is entitled terminates after the first date of entitlement to universal credit; or

(c)

during the last assessment period for universal credit, where the claimant reaches the qualifying age for state pension credit and paragraph 26 of Schedule 1 to the Decisions and Appeals Regulations applies, to housing benefit or state pension credit from the date the claimant reaches that age.

Annotations

Textual amendments

F1: Words in reg. 3(1)(d) omitted (25.11.2020) by virtue of 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(3)(a)
F2: Reg. 3(2)(a)(ab) substituted for reg. 3(2)(a) (22.7.2020) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(3), 3(2)
F3: Words in reg. 3(2)(ab) substituted (1.8.2022) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/194), reg. 1(1), Sch. para. 1(3)
F4: Word in reg. 3(2)(a) omitted (25.11.2020) by virtue of 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(3)(b)
F5: Words in reg. 3(2)(b)(ii) 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(3)(c)(i)
F6: Word in reg. 3(2)(b)(ii) omitted (25.11.2020) by virtue of 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(3)(c)(ii)
F7: Reg. 3(2)(b)(iv)(c) and word added (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(3)(d)

Commencement

I1: Reg. 3 coming into operation in accordance with reg. 1

Footnotes

f1: A person who is entitled to universal credit is not entitled to old style JSA or old style ESA (other than in certain circumstances where the person is a member of a couple at the time of entitlement), by virtue of orders made under Article 2 of the Order, which brings into operation repeals of the legislation relating to those benefits.