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—
-
F16“the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
-
“the 2002 Act” means the State Pension Credit Act (Northern Ireland) 2002 F2;
-
“the appointed day” means the day referred to in Article 3;
-
F27“assessment period”, in relation to universal credit entitlement, has the same meaning as in regulation 22 of the Universal Credit Regulations (Northern Ireland) 2016;
-
F17...
-
“the Housing Benefit SPC Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 F3;
-
“the No. 8 Order” means the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 8 and Transitional and Transitory Provisions) Order 2017 F4;
-
“polygamous marriage” has the same meaning as in regulation 3(4) of the Universal Credit Regulations (Northern Ireland) 2016 F5;
-
“the qualifying age for state pension credit” has the same meaning as in the 2002 Act F6;
-
“secondary legislation” means an instrument made under—
-
“state pension credit” has the same meaning as in the 2002 Act F9.
F181A
In this Order, “couple” has the meanings given by the 2002 Act, save—
a
in reference to entitlement to housing benefit, where it has the meanings given by Part VII of the 1992 Act; and
F28b
in Article 7(3), in relation to references to persons being treated as a couple in accordance with Article 7(2)(a)(ii), where it has the meaning referred to in Article 7(2)(a)(ii)
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) F19and Article 8(2)(b) , 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) F10 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
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) F11 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 F12 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 F13 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 F14; 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 F15.
Transitional provision: F25application F29to housing benefit of the rules in universal credit for treatment of couples and polygamous marriagesF307
1
Paragraph (3) applies where a person (“P”), who has attained the qualifying age, would otherwise not be entitled to either housing benefit or universal credit, because—
a
but for that paragraph, P would be a member of the same household as a partner who has not attained the qualifying age and therefore a member of a mixed-age couple, who—
i
is prevented from claiming housing benefit under Article 24 of the No. 8 Order; or
ii
has an award of housing benefit terminated under Article 6; and
b
P is neither entitled to universal credit jointly with that partner, nor entitled to universal credit as a single person, in one of the cases set out in paragraph (2).
2
The cases are where P is not entitled to universal credit because P has attained the qualifying age and—
a
any of the following paragraphs of regulation 3 of the Universal Credit Regulations (Northern Ireland) 2016 applies, and in the case of paragraph (ii) below, one of the following circumstances applies—
i
paragraph (2) (treatment of certain couples – universal credit may only be claimed as a single person);
ii
paragraph (3) (treatment of polygamous marriages), so that P is not entitled to universal credit because P may only claim universal credit either as one of two parties to a polygamous marriage to be treated as a couple and the other party has also attained the qualifying age, or as a remaining party to such a marriage to be treated as single;
iii
paragraph (5) (absence from the household – universal credit may only be claimed as a single person); or
b
P lost joint entitlement to universal credit as part of a mixed-age couple due to one of the following changes of circumstances taking effect from a date (namely the first day of the universal credit assessment period in which the change occurred) that is earlier than when, but for paragraph (3), the same change would take effect for the purposes of housing benefit, those changes being where—
i
P and their partner are no longer a couple;
ii
P is party to a marriage that is no longer a polygamous marriage and P’s remaining spouse has attained the qualifying age.
3
Where this paragraph applies—
a
P and their partner who are to be treated as a non-polygamous couple in accordance with paragraph (2)(a)(ii), or who are no longer parties to a polygamous marriage in accordance with paragraph (2)(b)(ii), are to be treated as members of the same household as each other but not of that of any party (or parties) with whom they are not part of a couple in accordance with those provisions and one of them may claim or remain entitled to housing benefit as part of that couple; or
b
P who is to be treated as single in accordance with paragraph (2)(a)(i) to (iii), or is single in accordance with paragraph (2)(b)(i), is to be treated as though P is not a member of the same household as any party (or parties) with whom P is not part of a couple in accordance with those provisions and may claim or remain entitled to housing benefit as a single person,
where paragraph (2)(a) applies, with effect from the date on which the relevant paragraph of regulation 3 of the Universal Credit Regulations (Northern Ireland) 2016 first applies to C, or, where paragraph (2)(b) applies, with effect from the date referred to in paragraph (2)(b) on which C lost universal credit entitlement.
F26Transitional provision: where restrictions on claims for universal credit are in place8
1
This Article applies to a member of a mixed-age couple who, further to Articles 3 to 7, is excluded from entitlement to state pension credit or housing benefit, and is also prevented from claiming universal credit by virtue of—
a
regulation 2A of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (claims for universal credit may not be made in an area or category of case);
b
regulation 2B of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium); or
c
Article 2(11) of the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019 (no claims for universal credit by frontier workers).
2
Where this Article applies, the member of the mixed-age couple who has attained the qualifying age for state pension credit is, for the purposes of an award of benefit referred to in the following sub-paragraphs to that member, to be treated as—
a
meeting the basic condition of entitlement (upper age limit) for—
i
income support, in section 123(1)(aa) of the 1992 Act;
ii
a jobseeker’s allowance, in Article 3(2)(h) of the 1995 Order, or
iii
an employment and support allowance, in section 1(3)(c) of the 2007 Act; and
b
not having attained that age for housing benefit, for the purposes of regulation 5 of the Housing Benefit Regulations (Northern Ireland) 2006 and regulation 5 of the Housing Benefit SPC Regulations, so that the Housing Benefit Regulations (Northern Ireland) 2006 apply to the assessment of the award.
3
This Article continues to apply until the award of benefit referred to in paragraph (2)(a) or (b) terminates, regardless of whether paragraph (1)(a), (b) or (c) continues to apply throughout the award.
4
Where a member of a mixed-age couple who has attained the qualifying age for state pension credit is entitled to income support by virtue of paragraph (2)(a)(i), references to a claimant’s partner in paragraphs 9 and 9A (conditions for pensioner premium) and in paragraph 10 (condition for higher pensioner premium) of Schedule 2 to the Income Support (General) Regulations 1987 have effect as though they were references to the claimant.
5
In this Article—
-
“the 1995 Order” means the Jobseekers (Northern Ireland) Order 1995;
-
“the 2007 Act” means the Welfare Reform Act (Northern Ireland) 2007;
-
“employment and support allowance” means an employment and support allowance under Part 1 of the 2007 Act as it has effect apart from the amendments made by Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related employment and support allowance;
-
“income support” has the same meaning as in Part VII of the 1992 Act;
-
“jobseeker’s allowance” means a jobseeker’s allowance under the 1995 Order as it has effect apart from the amendments made by Part 1 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-based jobseeker’s allowance.
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).