2019 No. 4 (C. 1)
The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 2019
Made
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by Article 2(2), (3)(a) and (4) of the Welfare Reform (Northern Ireland) Order 2015 F1.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) and (b) of the Welfare Reform (Northern Ireland) Order 2015.
Citation1
This Order may be cited as the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 2019.
Interpretation2
1
In this Order—
-
“the 2002 Act” means the State Pension Credit Act (Northern Ireland) 2002 F2;
-
“the appointed day” means the day referred to in Article 3;
-
“couple” has the same meaning as in the 2002 Act F3;
-
“the Housing Benefit SPC Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F4;
-
“the No. 8 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017 F5;
-
“polygamous marriage” has the same meaning as in regulation 3(4) of the Universal Credit Regulations (Northern Ireland) 2016 F6;
-
“the qualifying age for state pension credit” has the same meaning as in the 2002 Act F7;
-
“secondary legislation” means an instrument made under—
-
“state pension credit” has the same meaning as in the 2002 Act F10.
2
In this Order—
a
“mixed-age couple” means a couple, one member of which has attained the qualifying age for state pension credit and the other of which has not; and
b
the definition in sub-paragraph (a) includes a polygamous marriage where at least one party to the marriage has attained the qualifying age for state pension credit and at least one has not.
3
Save as stated to the contrary in Article 6(2), all references in this Order to claims or entitlement to housing benefit are to claims or entitlement under the Housing Benefit SPC Regulations.
4
In this Order—
a
a person is entitled to state pension credit or housing benefit on any day where the person has made a claim for that benefit and the conditions of entitlement are met in relation to that person, regardless of whether, respectively, entitlement begins on a later day under—
i
regulation 16A (date of entitlement under an award of state pension credit for the purpose of payability and effective date of change of rate) F11 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987, or
ii
regulation 55 (date on which entitlement is to commence) of the Housing Benefit SPC Regulations, and
b
a reference to claiming or entitlement to state pension credit or housing benefit as part of a couple is a reference to the claim being made, or the person being so entitled, on the basis that a person is a member of a couple or (save in Article 7(3)) a member of a polygamous marriage.
Appointed day3
15th May 2019 is the appointed day for the coming into force of paragraph 53 (universal credit amendments: insertion of section 4(1A) into the 2002 Act) of Schedule 2 to the Welfare Reform (Northern Ireland) Order 2015, and Article 37 of that Order in so far as it relates to that paragraph.
Savings4
1
Subject to paragraph (2), the 2002 Act shall have effect as though section 4(1A) (exclusion of mixed-age couples from state pension credit) F12 had not come into force in relation to a member of a mixed-age couple who, on the day before the appointed day and as part of that couple, is entitled to—
a
state pension credit;
b
housing benefit; or
c
state pension credit and housing benefit.
2
The savings in the sub-paragraphs of paragraph (1) shall cease to have effect in relation to the member of the mixed-age couple referred to on any day after the appointed day when that person is not entitled to either state pension credit or housing benefit as part of the same mixed-age couple.
Amendment of the No. 8 Order: transitional provision preventing claims for housing benefit5
1
The following amendments of Article 24 of the No. 8 Order F13 have effect from the day after the day of making of this Order.
2
For paragraph (4)(a) substitute—
a
in the case of a claim for housing benefit, the claim is made by a member of a State Pension Credit Act couple who has reached the qualifying age for state pension credit, where the other member has not reached that age, and entitlement begins, or in the case of claims made in advance of entitlement is to begin—
i
before 15th May 2019, or
ii
on or after 15th May 2019 and one of the savings in the sub-paragraphs of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 13 and Savings and Transitional Provisions and Commencement No. 8 and Transitional and Transitory Provisions (Amendment)) Order 2019 applies to that person and the saving has not ceased to have effect under Article 4(2) of that Order, and
entitlement to housing benefit is to be construed in accordance with Article 2 of that Order;
3
In paragraph (3), at the end insert “
or temporary accommodation
”
.
4
In paragraph (11), after the definition of “Tax Credits Act couple” insert—
“temporary accommodation” means accommodation which falls within Case 1 or Case 2 under paragraph 4A of Schedule 1 to the Universal Credit Regulations;
Transitional provision: termination of awards of housing benefit6
1
The awards of housing benefit referred to in paragraph (2) are to terminate on the day referred to in paragraph (3), subject to paragraph (4).
2
The awards are those where entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple begins on or after the appointed day and where the awards are made—
a
at any time, under the Housing Benefit Regulations (Northern Ireland) 2006 F14 or the Housing Benefit SPC Regulations, to a person who, after the award, becomes a member of a mixed-age couple;
b
at any time, under the Housing Benefit Regulations (Northern Ireland) 2006, to a person who is a member of a mixed-age couple, where the award subsequently ceases to be subject to those Regulations and becomes subject to the Housing Benefit SPC Regulations; or
c
on or before the day of making of this Order, to a person who claimed in advance of attaining the qualifying age for state pension credit.
3
The termination takes effect—
a
in the case of an award referred to in paragraph (2)(a) or (b), on the later of the appointed day and the day entitlement under the Housing Benefit SPC Regulations as part of a mixed-age couple takes effect on the award, as a change of circumstances, in accordance with the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 F15; or
b
in the case of an award referred to in paragraph (2)(c), on the day after the day of making of this Order.
4
Paragraph (1) does not apply to awards in respect of specified accommodation or temporary accommodation, as defined in Article 24(11) of the No. 8 Order F16.
Transitional provision: polygamous marriages7
1
Paragraph (3) applies where a party to a polygamous marriage—
a
is excluded from entitlement to state pension credit under section 4(1A) of the 2002 Act;
b
is prevented from claiming housing benefit under Article 24 of the No. 8 Order; or
c
has an award of housing benefit terminated under Article 6.
2
For the purposes of paragraph (3)—
a
the rule in regulation 3(3) of the Universal Credit Regulations (Northern Ireland) 2016 (treatment of polygamous couples) applies to establish that two of the parties to the polygamous marriage are to be treated as a couple and the remaining party (or parties) as a single person (or single persons); and
b
all secondary legislation relevant to assessment of entitlement to state pension credit or housing benefit applies so that claims and awards may be made in respect of the party specified in paragraph (3)(a) or (b) as a part of a couple or as a single person respectively.
3
Where this paragraph applies and the qualifying age for state pension credit has been attained by—
a
both the parties to be treated as a couple by virtue of paragraph (2)(a), one of them may claim or remain entitled to state pension credit as part of that couple and one of them may claim or remain entitled to housing benefit as part of that couple;
b
a party to be treated as a single person by virtue of paragraph (2)(a), that party may claim or remain entitled to state pension credit or housing benefit as a single person.
Signed by authority of the Secretary of State for Work and Pensions
(This note is not part of the Order)
Provision |
Date of Commencement |
S.R. number |
---|---|---|
Article 6 (partially) |
27th September 2017 |
2017 No. 190 |
Article 6 (partially) |
15th November 2017 |
2017 No. 216 |
Article 6 (partially) |
13th December 2017 |
2017 No. 216 |
Article 6 (partially) |
17th January 2018 |
2018 No. 1 |
Article 6 (partially) |
7th February 2018 |
2018 No. 1 |
Article 6 (partially) |
21st February 2018 |
2018 No. 1 |
Article 6 (partially) |
7th March 2018 |
2018 No. 1 |
Article 6 (partially) |
16th May 2018 |
2018 No. 97 |
Article 6 (partially) |
30th May 2018 |
2018 No. 97 |
Article 6 (partially) |
13th June 2018 |
2018 No. 97 |
Article 6 (partially) |
27th June 2018 |
2018 No. 97 |
Article 6 (partially) |
5th September 2018 |
2018 No. 138 |
Article 6 (partially) |
19th September 2018 |
2018 No. 138 |
Article 6 (partially) |
3rd October 2018 |
2018 No. 138 |
Article 6 (partially) |
17th October 2018 |
2018 No. 138 |
Article 6 (partially) |
31st October 2018 |
2018 No. 138 |
Article 6 (partially) |
14th November 2018 |
2018 No. 138 |
Article 6 (partially) |
5th December 2018 |
2018 No. 138 |
Article 7 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 7 to 29 (partially) |
As Article 6 |
As Article 6 |
Articles 9 to 17 (partially) |
2nd May 2016 |
2016 No. 215 |
Articles 18 to 27 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 29 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 30 |
2nd May 2016 |
2016 No. 215 |
Articles 31 and 32 (partially) |
2nd May 2016 |
2016 No. 215 |
Articles 31 and 32 (partially) |
As Article 6 |
As Article 6 |
Article 33 |
2nd May 2016 |
2016 No. 215 |
Article 34 and 35 |
27th September 2017 |
2017 No. 190 |
Articles 36 to 38 |
2nd May 2016 |
2016 No. 215 |
Article 39 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 39 (partially) |
As Article 6 |
As Article 6 |
Articles 41 and 42 |
2nd May 2016 |
2016 No. 215 |
Article 43 (partially) |
2nd May 2016 |
2016 No.215 |
Article 43 (remaining) |
27th September 2017 |
2017 No. 190 |
Article 44 |
27th September 2017 |
2017 No. 190 |
Articles 45 to 47 (partially) |
2nd May 2016 |
2016 No. 215 |
Articles 45 and 46 (remaining) |
27th September 2017 |
2017 No. 190 |
Articles 48 and 49 |
2nd May 2016 |
2016 No. 215 |
Article 50 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 50 (partially) |
27th September 2017 |
2017 No. 190 |
Article 51 and 52 (partially) |
1st June 2016 |
2016 No. 234 |
Article 51 and 52 (remaining) |
27th September 2017 |
2017 No. 190 |
Article 53 |
17th February 2016 |
2016 No. 46 |
Article 54 |
2nd May 2016 |
2016 No. 215 |
Article 55 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 55 (partially) |
27th September 2017 |
2017 No. 190 |
Article 56 |
17th February 2016 |
2016 No. 46 |
Article 57 (partially) |
17th March 2016 |
2016 No. 46 |
Article 57 (remaining) |
28th November 2016 |
2016 No. 46 |
Article 58 |
28th November 2016 |
2016 No. 46 |
Article 59 |
17th February 2016 |
2016 No. 46 |
Article 60 (partially) |
2nd May 2016 |
2016 No 215 |
Article 60 (partially) |
27th September 2017 |
2017 No. 190 |
Article 61 |
27th September 2017 |
2017 No. 190 |
Article 62 |
1st June 2016 |
2016 No. 234 |
Article 63 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 63 (partially) |
27th September 2017 |
2017 No. 190 |
Article 64 |
16th January 2017 |
2016 No. 46 |
Article 70 (partially) |
1st June 2016 |
2016 No. 234 |
Article 70 (remaining) |
31st October 2016 |
2016 No. 234 |
Article 71 |
31st October 2016 |
2016 No. 234 |
Article 72 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 72 (partially) |
1st June 2016 |
2016 No. 234 |
Articles 73 and 74 |
31st October 2016 |
2016 No. 234 |
Article 76 (partially) |
31st March 2017 |
2016 No. 411 |
Article 76 (partially) |
28th November 2016 |
2016 No. 411 |
Article 77 to 79 |
17th February 2016 |
2016 No. 46 |
Articles 82 to 84 (partially) |
2nd May 2016 |
2016 No. 215 |
Articles 82 to 84 (remaining) |
20th June 2016 |
2016 No. 215 |
Articles 85 and 86 |
2nd May 2016 |
2016 No. 215 |
Article 87 |
20th June 2016 |
2016 No. 215 |
Article 88 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 88 (remaining) |
20th June 2016 |
2016 No. 215 |
Articles 89 to 91 |
2nd May 2016 |
2016 No. 215 |
Article 92 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 92 (remaining) |
20th June 2016 |
2016 No. 215 |
Articles 93 and 94 |
20th June 2016 |
2016 No. 215 |
Articles 96 to 99 |
2nd May 2016 |
2016 No. 215 |
Article 100 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 100 (remaining) |
20th June 2016 |
2016 No. 215 |
Articles 101 and 102 |
17th February 2016 |
2016 No. 46 |
Articles 103 to 106 |
2nd May 2016 |
2016 No. 215 |
Article 107 (partially) |
17th March 2016 |
2016 No. 166 |
Article 108 |
2nd May 2016 |
2016 No. 215 |
Article 109 (partially) |
4th April 2016 |
2016 No. 46 |
Article 109 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 109 (partially) |
20th June 2016 |
2016 |No. 215 |
Article 109 (remaining) |
27th September 2017 |
2017 No. 190 |
Articles 110 (partially) |
2nd May 2016 |
2016 No. 215 |
Article 110 (remaining) |
20th June 2016 |
2016 No. 215 |
Articles 111 to 113 |
17th February 2016 |
2016 No. 46 |
Articles 115 and 116 |
4th April 2016 |
2016 No. 46 |
Articles 117 and 118 (partially) |
2nd May 2016 |
2016 No. 215 |
Articles 120 to 125 |
17th February 2016 |
2016 No. 46 |
Article 127 (partially) |
17th February 2016 |
2016 No. 46 |
Articles 129 to 133 |
17th February 2016 |
2016 No. 46 |
Article 134 |
27th September 2017 |
2017 No. 190 |
Articles 135 to 140 |
17th February 2016 |
2016 No. 46 |
Schedule 1 (partially) |
2nd May 2016 |
2016 No. 215 |
Schedule 2 (partially) |
2nd May 2016 |
2016 No. 215 |
Schedule 2 (partially) |
10th July 2017 |
2017 No. 118 |
Schedule 2 (partially) |
27th September 2017 |
2017 No. 190 |
Schedule 3 (partially) |
2nd May 2016 |
2016 No. 215 |
Schedule 3 (partially) |
As Article 6 |
As Article 6 |
Schedule 5 (partially) |
2nd May 2016 |
2016 No. 215 |
Schedule 6 |
2nd May 2016 |
2016 No. 215 |
Schedule 7 (partially) |
2nd May 2016 |
2016 No. 215 |
Schedule 7 (partially) |
1st June 2016 |
2016 No. 234 |
Schedule 7 (partially) |
27th September 2017 |
2017 No. 190 |
Schedule 8 (partially) |
28th November 2016 |
2016 No. 411 |
Schedule 8 (partially) |
31st March 2017 |
2016 No. 411 |
Schedule 8 (remaining) |
27th September 2017 |
2017 No. 190 |
Schedule 9 (partially) |
2nd May 2016 |
2016 No. 215 |
Schedule 9 (partially) |
20th June 2016 |
2016 No. 215 |
Schedule 10 |
2nd May 2016 |
2016 No. 215 |
Schedule 11 (partially) |
17th March 2016 |
2016 No. 166 |
Schedule 12 (partially) |
28th November 2016 |
2016 No. 411 |
Schedule 12 (partially) |
31st March 2017 |
2016 No. 411 |
Schedule 12 (partially) |
17th February 2016 |
2016 No. 46 |
Schedule 12 (partially) |
31st October 2016 |
2016 No. 234 |
Schedule 12 (partially) |
27th September 2017 |
2017 No. 190 |
Schedule 12 (partially) |
As Article 6 |
As Article 6 |
S.I. 2015/2006 (N.I. 1).