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Regulation 6 Termination of awards of certain existing benefits: other claimantsI1

Northern Ireland

(1)

This regulation applies where—

(a)

a claim for universal credit (other than a claim which is treated, in accordance with regulation 8(8) of the Claims and Payments Regulations, as having been made) is made F1, whether or not subsequently withdrawn; F2...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Subject to paragraph (3), F3where this regulation applies, all awards of F4... housing benefit F5in the form of a rate rebate awarded in accordance with regulation 12 of the Housing Benefit Regulations or regulation 12 of the Housing Benefit (SPC) Regulations or a tax credit to which the claimant (or, in the case of joint claimants, either of them) is entitled on the date on which the claim is made are to terminate, by virtue of this regulation—

(a)

on the day before the first date on which the claimant is entitled to universal credit in connection with the claim; or

(b)

if the claimant is not entitled to universal credit, on the day before the first date on which they would have been so entitled, if all of the basic and financial conditions applicable to the claimant had been met.

F6(2A)

Subject to paragraph (3), where this regulation applies, an award of F7income support or housing benefit, in the form of a rent rebate or allowance awarded in connection with regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (SPC) Regulations, to which the claimant is entitled on the day mentioned in paragraph (2)(a) or (b) terminates on the last day of the period of 2 weeks beginning with the day after that day (whether or not the person is also entitled to an award of F8... a tax credit).

F9(2B)

This regulation does not apply in the case of a single claimant who has reached the qualifying age for state pension credit or in the case of joint claimants who have both reached the qualifying age for state pension credit.”.

(3)

An award of housing benefit to which a claimant is entitled in respect of specified accommodation F10or temporary accommodation does not terminate by virtue of this regulation.

(4)

Where this regulation applies and the claimant (or, in the case of joint claimants, either of them) is treated by regulation 9 (ongoing awards of tax credits) as being entitled to a tax credit—

(a)

the claimant (or, as the case may be, the relevant claimant) is to be treated, for the purposes of the Tax Credits Act 2002 and this regulation, as having made a claim for the tax credit in question for the current year; and

(b)

if the claimant (or the relevant claimant) is entitled on the date on which the claim for universal credit was made to an award of a tax credit which is made in respect of a claim which is treated as having been made by virtue of sub-paragraph (a), that award is to terminate, by virtue of this regulation—

(i)

on the day before the first date on which the claimant is entitled to universal credit, or

(ii)

if the claimant is not entitled to universal credit, on the day before the first date on which he or she would have been so entitled, if all of the basic and financial conditions applicable to the claimant had been met.

(5)

Where an award terminates by virtue of this regulation, any legislative provision under which the award terminates on a later date does not apply.

Annotations

Textual amendments

F1

Words in reg. 6(1)(a) inserted (1.8.2022) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/194), regs. 1(1), 5(3)(a)

F2

Reg. 6(1)(b) and word omitted (1.8.2022) by virtue of The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/194), regs. 1(1), 5(3)(b)

F3

Words in reg. 6(2) substituted (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(6)(a)(i)

F4

Words in reg. 6(2) omitted (22.7.2020) by virtue of The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(3), 3(3)(a)

F5

Words in reg. 6(2) 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(6)(a)(ii)

F6

Reg. 6(2A) 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(6)(b)

F7

Words in reg. 6(2A) inserted (22.7.2020) by The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(3), 3(3)(b)

F8

Words in reg. 6(2A) omitted (22.7.2020) by virtue of The Universal Credit (Managed Migration and Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/152), regs. 1(3), 3(3)(b)

F9

Reg. 6(2B) inserted (1.8.2022) by The Universal Credit (Transitional Provisions) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/194), regs. 1(1), 5(3)(c)

F10

Words in reg. 6(3) 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(6)(c) (with reg. 10(1))

Commencement

I1

Reg. 6 coming into operation in accordance with reg. 1