The Welfare Reform (Northern Ireland) Order 2015
| Jurisdiction | UK Non-devolved |
2015 No. 2006 (N.I. 1)
SOCIAL SECURITY
The Welfare Reform (Northern Ireland) Order 2015
9thDecember 2015
At the Court at Buckingham Palace, the 9th day of December 2015
Present,
The Queen's Most Excellent Majesty in Council
A draft of this Order has been approved by a resolution of each House of Parliament.
Her Majesty, in exercise of the powers conferred by section 1 of the Northern Ireland (Welfare Reform) Act 2015 (c. 34), is pleased, by and with the advice of Her Privy Council, to order as follows:-
PART 1
General
Citation
1. This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015.
Commencement
2.-(1) Part 1 comes into force on the day after the day on which this Order is made.
(2) The remaining provisions of this Order come into force on such day or days as the Department may by order appoint.
(3) An order under paragraph (2) may appoint different days for different areas in relation to-
(a) any provision of Part 2 (universal credit) or of Part 1 of Schedule 12;
(b) Article 66or 67(entitlement to work: jobseeker's allowance and employment and support allowance);
(c) Article 107(consideration of revision before appeal).
(4) An order under paragraph (2) may make such transitory or transitional provision, or savings, as the Department considers necessary or expedient.
Extent
3.-(1) This Order extends to Northern Ireland, subject to paragraph (2).
(2) An amendment, repeal or revocation by this Order has the same extent as the provision to which it relates.
Transitory provision
4.-(1) Until such date as the Secretary of State may by order made by statutory instrument appoint, a function conferred on a Northern Ireland department to make regulations or an order under-
(a) this Order, is to be exercised by the Secretary of State rather than by the Northern Ireland department;
(b) any other statutory provision relating to social security or child support maintenance in Northern Ireland, may be exercised by the Secretary of State (as well as by the Northern Ireland department otherwise entitled to exercise the function).
(2) Paragraph (1)(a) does not apply to regulations under Article 135(discretionary support) or 137(payments to persons suffering financial disadvantage).
(3) The following requirements do not apply to regulations or an order made by the Secretary of State by virtue of paragraph (1)(a) or (b).
(4) The requirements are-
(a) the regulations are, or the order is, subject to negative resolution or affirmative resolution;
(b) the regulations are, or the order is, subject to the confirmatory procedure (as defined in Article 49(5));
(c) the regulations or order may not be made unless a draft has been laid before, and approved by a resolution of, the Assembly;
(d) the regulations are, or the order is, to be made with the consent or approval of, or in conjunction with, a Northern Ireland department.
(5) Statutory rules made by the Secretary of State by virtue of paragraph (1)(a) or (b) are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.
(6) Sub-paragraph (5) does not apply to an order under Article 2(2).
(7) A statutory instrument which contains an order under paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
(8) An order made by statutory instrument under paragraph (1) may contain consequential, transitory or transitional provisions or savings.
General interpretation
5. In this Order-
"the Administration Act" means the Social Security Administration (Northern Ireland) Act 1992;
"the Contributions and Benefits Act" means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
"the Department" means the Department for Social Development;
"the Jobseekers Order" means the Jobseekers (Northern Ireland) Order 1995;
"prescribed" means prescribed by regulations;
"regulations" means regulations made by the Department;
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
PART 2
Universal credit
CHAPTER 1
Entitlement and awards
Introductory
Universal credit
6.-(1) A benefit known as universal credit is payable in accordance with this Part.
(2) Universal credit may, subject as follows, be awarded to-
(a) an individual who is not a member of a couple (a "single person"), or
(b) members of a couple jointly.
(3) An award of universal credit is, subject as follows, calculated by reference to-
(a) a standard allowance,
(b) an amount for responsibility for children or young persons,
(c) an amount for housing, and
(d) amounts for other particular needs or circumstances.
Claims
7.-(1) A claim may be made for universal credit by-
(a) a single person, or
(b) members of a couple jointly.
(2) Regulations may specify circumstances in which a member of a couple may make a claim as a single person.
Entitlement
Entitlement
8.-(1) A single claimant is entitled to universal credit if the claimant meets-
(a) the basic conditions, and
(b) the financial conditions for a single claimant.
(2) Joint claimants are jointly entitled to universal credit if-
(a) each of them meets the basic conditions, and
(b) they meet the financial conditions for joint claimants.
Basic conditions
9.-(1) For the purposes of Article 8, a person meets the basic conditions who-
(a) is at least 18 years old,
(b) has not reached the qualifying age for state pension credit,
(c) is in Northern Ireland,
(d) is not receiving education, and
(e) has accepted a claimant commitment.
(2) Regulations may provide for exceptions to the requirement to meet any of the basic conditions (and, for joint claimants, may provide for an exception for one or both).
(3) For the basic condition in paragraph (1)(a) regulations may specify a different minimum age for prescribed cases.
(4) For the basic condition in paragraph (1)(b) the qualifying age for state pension credit is that referred to in section 1(6) of the State Pension Credit Act (Northern Ireland) 2002.
(5) For the basic condition in paragraph (1)(c) regulations may-
(a) specify circumstances in which a person is to be treated as being or not being in Northern Ireland;
(b) specify circumstances in which temporary absence from Northern Ireland is disregarded;
(c) modify the application of this Part in relation to a person not in Northern Ireland who is by virtue of sub-paragraph (b) entitled to universal credit.
(6) For the basic condition in paragraph (1)(d) regulations may-
(a) specify what "receiving education" means;
(b) specify circumstances in which a person is to be treated as receiving or not receiving education.
(7) For the basic condition in paragraph (1)(e) regulations may specify circumstances in which a person is to be treated as having accepted or not accepted a claimant commitment.
Financial conditions
10.-(1) For the purposes of Article 8, the financial conditions for a single claimant are that-
(a) the claimant's capital, or a prescribed part of it, is not greater than a prescribed amount, and
(b) the claimant's income is such that, if the claimant were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
(2) For those purposes, the financial conditions for joint claimants are that-
(a) their combined capital, or a prescribed part of it, is not greater than a prescribed amount, and
(b) their combined income is such that, if they were entitled to universal credit, the amount payable would not be less than any prescribed minimum.
Restrictions on entitlement
11.-(1) Entitlement to universal credit does not arise-
(a) in prescribed circumstances (even though the requirements in Article 8are met);
(b) if the requirements in Article 8are met for a period shorter than a prescribed period;
(c) for a prescribed period at the beginning of a period during which those requirements are met.
(2) A period prescribed under paragraph (1)(b) or (c) may not exceed 7 days.
(3) Regulations may provide for exceptions to paragraph (1)(b) or (c).
Awards
Basis of awards
12.-(1) Universal credit is payable in respect of each complete assessment period within a period of entitlement.
(2) In this Part an "assessment period" is a period of a prescribed duration.
(3) Regulations may make provision-
(a) about when an assessment period is to start;
(b) for universal credit to be payable in respect of a period shorter than an assessment period;
(c) about the amount payable in respect of a period shorter than an assessment period.
(4) In paragraph (1) "period of entitlement" means a period during which entitlement to universal credit subsists.
Calculation of awards
13.-(1) The amount of an award of universal credit is to be the balance of-
(a) the maximum amount (see paragraph (2)), less
(b) the amounts to be deducted (see paragraph (3)).
(2) The maximum amount is the total of-
(a) any amount included under Article 14(standard allowance),
(b) any amount included under Article 15(responsibility for children and young persons),
(c) any amount included under Article 16(housing costs), and
(d) any amount included under Article 17(other particular needs or circumstances).
(3) The amounts to be deducted are-
(a) an amount in respect of earned income calculated in the prescribed manner (which may include multiplying some or all earned income by a prescribed percentage), and
(b) an amount in respect of unearned income calculated in the prescribed manner (which may include multiplying some or all unearned income by a prescribed percentage).
(4) In paragraph (3)(a) and (b) the references to income are-
(a) in the case of a single claimant, to income of the claimant, and
(b) in the case of joint claimants, to combined income of the claimants.
Elements of an award
Standard allowance
14.-(1) The calculation of an award of universal credit is to include an amount by way of an allowance...
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