Welfare Reform Bill as Introduced

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CONTENTS

PART 1

UNIVERSAL CREDIT

CHAPTER 1

ENTITLEMENT AND AWARDS

Introductory

1. Universal credit

2. Claims

Entitlement

3. Entitlement

4. Basic conditions

5. Financial conditions

6. Restrictions on entitlement

Awards

7. Basis of awards

8. Calculation of awards

Elements of an award

9. Standard allowance

10. Responsibility for children and young persons

11. Housing costs

12. Other particular needs or circumstances

CHAPTER 2

CLAIMANT RESPONSIBILITIES

Introductory

13. Work-related requirements: introductory

14. Claimant commitment

Work-related requirements

15. Work-focused interview requirement

16. Work preparation requirement

17. Work search requirement

18. Work availability requirement

Application of work-related requirements

19. Claimants subject to no work-related requirements

20. Claimants subject to work-focused interview requirement only

21. Claimants subject to work preparation requirement

22. Claimants subject to all work-related requirements

Work-related requirements: supplementary

23. Connected requirements

24. Imposition of requirements

25. Compliance with requirements

Reduction of benefit

26. Higher-level sanctions

27. Other sanctions

28. Hardship payments

Administration

29. Concurrent exercise of certain functions by Department for Employment and Learning

30. Delegation and contracting out

CHAPTER 3

SUPPLEMENTARY AND GENERAL

Supplementary and consequential

31. Supplementary regulation-making powers

32. Supplementary and consequential amendments

33. Power to make supplementary and consequential provision etc

Universal credit and other benefits

34. Abolition of benefits

35. Universal credit and the state pension credit

36. Universal credit and working-age benefits

37. Migration to universal credit

General

38. Capability for work or work-related activity

39. Information

40. Couples

41. Interpretation of Part 1

Regulations

42. Pilot schemes

43. Regulations

44. Assembly control

PART 2

WORKING-AGE BENEFITS

CHAPTER 1

JOBSEEKER'S ALLOWANCE

Claimant responsibilities for interim period

45. Claimant commitment for jobseeker’s allowance

46. Interviews

47. Sanctions

48. Procedure for regulation-making powers

49. Consequential amendments

Claimant responsibilities after introduction of universal credit

50. Claimant responsibilities for jobseeker’s allowance

CHAPTER 2

EMPLOYMENT AND SUPPORT ALLOWANCE

Conditions of entitlement

51. Dual entitlement

52. Period of entitlement to contributory allowance

53. Further entitlement after time-limiting

54. Condition relating to youth

Claimant responsibilities for interim period

55. Claimant commitment for employment and support allowance

56. Work experience etc

57. Hardship payments

Claimant responsibilities after introduction of universal credit

58. Claimant responsibilities for employment and support allowance

CHAPTER 3

INCOME SUPPORT

59. Entitlement of lone parents to income support etc

60. Claimant commitment for income support

CHAPTER 4

ENTITLEMENT TO WORK

61. Entitlement to work: jobseeker’s allowance

62. Entitlement to work: employment and support allowance

63. Entitlement to work: maternity allowance and statutory payments

PART 3

OTHER BENEFIT CHANGES

Industrial injuries benefit

64. Injuries arising before 5 July 1948

65. Persons under 18

66. Trainees

67. Restriction on new claims for industrial death benefit

68. Determinations

Housing benefit

69. Housing benefit: determination of appropriate maximum

Social fund

70. Ending of discretionary payments

71. Purposes of discretionary payments

72. Determination of amount or value of budgeting loan

73. Community care grants

State pension credit

74. State pension credit: carers

75. State pension credit: capital limit

PART 4

PERSONAL INDEPENDENCE PAYMENT

Personal independence payment

76 Personal independence payment

77. Daily living component

78. Mobility component

79. Ability to carry out daily living activities or mobility activities

80. Required period condition: further provision

Entitlement and payability: further provision

81. Terminal illness

82. Persons of pensionable age

83. No entitlement to daily living component where UK is not competent state

84. Care home residents

85. Hospital in-patients

86. Prisoners

Supplementary

87. Claims, awards and information

88. Report to the Assembly

General

89. Abolition of disability living allowance

90. Amendments

91. Power to make supplementary and consequential provision

92. Transitional

93. Regulations

94. Interpretation of Part 4

PART 5

SOCIAL SECURITY: GENERAL

Benefit cap

95. Benefit cap

96. Benefit cap: supplementary

Claims and awards

97. Claims and awards

98. Powers to require information relating to claims and awards

Payments

99. Payments to joint claimants

100. Payments on account

Appeals

101. Power to require consideration of revision before appeal

Electronic communications

102. Electronic communications

Recovery of benefits

103. Recovery of benefit payments

104. Deduction from earnings: other cases

105. Application of the Limitation (Northern Ireland) Order 1989

Investigation and prosecution of offences

106. Powers to require information relating to investigations

107. Time limits for legal proceedings

108. Prosecution powers of the Housing Executive

Penalties as alternative to prosecution

109. Penalty in respect of benefit fraud not resulting in overpayment

110. Amount of penalty

111. Period for withdrawal of agreement to pay penalty

Civil penalties

112. Civil penalties for incorrect statements and failures to disclose information

Loss of benefit

113. Benefit offences: period of sanction

114. Benefit offences: sanctions for repeated benefit fraud

115. Cautions

Information-sharing

116. Information-sharing in relation to provision of overnight care etc

117. Information-sharing in relation to welfare services etc

118. Unlawful disclosure of information

119. Sections 116 to 118: supplementary

120. Information-sharing for social security or employment purposes etc

PART 6

MISCELLANEOUS

Child support maintenance

121. Supporting maintenance agreements

122. Collection of child support maintenance

123. Indicative maintenance calculations

124. Recovery of child support maintenance by deduction from benefit

125. Fees

126. Exclusion from individual voluntary arrangements

Employment and training

127. Use of jobcentres by sex industry

Reduced dog licence fees for those in receipt of income-related benefits

128. Reduced fee for dog licences

Orders of Secretary of State under Administration Act

129. Orders of Secretary of State under Administration Act

Rate relief schemes: application of housing benefit law

130. Rate relief schemes: application of housing benefit law

PART 7

FINAL

131. Repeals

132. General interpretation

133. Commencement

134. Short title

SCHEDULES:

Schedule 1 - Universal credit: supplementary regulation-making powers

Schedule 2 - Universal credit: amendments

Schedule 3 - Abolition of benefits: consequential amendments

Schedule 4 - Housing credit element of state pension credit

Part 1 - Amendments to State Pension Credit Act (Northern Ireland) 2002

Part 2 - Amendments to other Acts

Schedule 5 - Universal credit and other working-age benefits

Schedule 6 - Migration to universal credit

Schedule 7 - Jobseeker’s allowance in interim period: consequential amendments

Schedule 8 - Social fund discretionary payments: consequential amendments

Schedule 9 - Personal independence payment: amendments

Schedule 10 - Personal independence payment: transitional

Schedule 11 - Power to require consideration of revision before appeal

Schedule 12 - Repeals

Part 1 - Abolition of benefits superseded by universal credit

Part 2 - Entitlement to jobseeker’s allowance without seeking employment

Part 3 - Jobseeker’s allowance: responsibilities for interim period

Part 4 - Jobseeker’s allowance: responsibilities after introduction of universal credit

Part 5 - Employment and support allowance: responsibilities after introduction of universal credit

Part 6 - Industrial injuries arising before 5 July 1948

Part 7 - Social Fund: ending of discretionary payments

Part 8 - Disability living allowance

Part 9 - Powers to require information relating to claims and awards

Part 10 - Recovery of benefit payments

Part 11 - Loss of benefit

Part 12 - Information-sharing

A

B I L L

TO

Make provision for universal credit and personal independence payment; to make other provision about social security; to make provision about child support maintenance and the use of jobcentres; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1

UNIVERSAL CREDIT

CHAPTER 1

ENTITLEMENT AND AWARDS

Introductory
Universal credit

1. -(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

2. -(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

3. -(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

4. -(1) For the purposes of section 3, 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 subsection (1)(a) regulations may specify a different minimum age for prescribed cases.

(4) For the basic condition in subsection (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 subsection (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 paragraph (b) entitled to universal credit.

(6) For the basic condition in subsection (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 subsection (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

5. -(1) For the purposes of section 3, 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

6. -(1) Entitlement to universal credit does not arise—

(a) in prescribed circumstances (even though the requirements in section 3 are met);

(b) if the requirements in section 3 are 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 subsection (1)(b) or (c) may not exceed 7 days.

(3) Regulations may provide for exceptions to subsection (1)(b) or (c).

Awards
Basis of awards

7. -(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 subsection (1) “period of entitlement” means a period during which entitlement to universal credit subsists.

Calculation of awards

8. -(1) The amount of an award of universal credit is to be the balance of—

(a) the maximum amount (see subsection (2)), less

(b) the amounts to be deducted (see subsection (3)).

(2) The maximum amount is the total of—

(a) any amount included under section 9 (standard allowance),

(b) any amount included under section 10 (responsibility for children and young persons),

(c) any amount included under section 11 (housing costs), and

(d) any amount included under section 12 (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 subsection (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

9. -(1) The calculation of an award of universal credit is to include an amount by way of an allowance for—

(a) a single claimant, or

(b) joint claimants.

(2) Regulations are to specify the amount to be included under subsection (1).

(3) Regulations may provide for exceptions to subsection (1).

Responsibility for children and young persons

10. -(1) The calculation of an award of universal credit is to include an amount for each child or qualifying young person for whom a claimant is responsible.

(2) Regulations may make provision for the inclusion of an additional amount if such a child or qualifying young person is disabled.

(3) Regulations are to specify, or provide for the calculation of, amounts to be included under subsection (1) or (2).

(4) Regulations may provide for exceptions to subsection (1).

(5) In this Part, “qualifying young person” means a person of a prescribed description.

Housing costs

11. -(1) The calculation of an award of universal credit is to include an amount in respect of any liability of a claimant to make payments in respect of the accommodation the claimant occupies as his or her home.

(2) For the purposes of subsection (1)—

(a) the accommodation must be in Northern Ireland;

(b) the accommodation must be residential accommodation;

(c) it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.

(3) Regulations may make provision as to—

(a) what is meant by payments in respect of accommodation for the purposes of this section (and, in particular, the extent to which such payments include mortgage payments);

(b) circumstances in which a claimant is to be treated as liable or not liable to make such payments;

(c) circumstances in which a claimant is to be treated as occupying or not occupying accommodation as his or her home (and, in particular, for temporary absences to be disregarded);

(d) circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.

(4) Regulations are to provide for the determination or calculation of any amount to be included under this section.

(5) Regulations may—

(a) provide for exceptions to subsection (1);

(b) provide for inclusion of an amount under this section in the calculation of an award of universal credit—

(i) to end at a prescribed time, or

(ii) not to start until a prescribed time.

Other particular needs or circumstances

12. -(1) The calculation of an award of universal credit is to include amounts in respect of such particular needs or circumstances of a claimant as may be prescribed.

(2) The needs or circumstances prescribed under subsection (1) may include—

(a) the fact that a claimant has limited capability for work;

(b) the fact that a claimant has limited capability for work and work-related activity;

(c) the fact that a claimant has regular and substantial caring responsibilities for a severely disabled person.

(3) Regulations are to specify, or provide for the determination or calculation of, any amount to be included under subsection (1).

(4) Regulations may—

(a) provide for inclusion of an amount under this section in the calculation of an award of universal credit—

(i) to end at a prescribed time, or

(ii) not to start until a prescribed time;

(b) provide for the manner in which a claimant’s needs or circumstances are to be determined.

CHAPTER 2

CLAIMANT RESPONSIBILITIES

Introductory
Work-related requirements: introductory

13. -(1) This Chapter provides for the Department to impose work-related requirements with which claimants must comply for the purposes of this Part.

(2) In this Part “work-related requirement” means—

(a) a work-focused interview requirement (see section 15);

(b) a work preparation requirement (see section 16);

(c) a work search requirement (see section 17);

(d) a work availability requirement (see section 18).

(3) The work-related requirements which may be imposed on a claimant depend on which of the following groups the claimant falls into—

(a) no work-related requirements (see section 19);

(b) work-focused interview requirement only (see section 20);

(c) work-focused interview and work preparation requirements only (see section 21);

(d) all work-related requirements (see section 22).

Claimant commitment

14. -(1) A claimant commitment is a record of a claimant’s responsibilities in relation to an award of universal credit.

(2) A claimant commitment is to be prepared by the Department and may be reviewed and updated as the Department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) a record of the requirements that the claimant must comply with under this Part (or such of them as the Department considers it appropriate to include),

(b) any prescribed information, and

(c) any other information the Department considers it appropriate to include.

(5) For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

Work-related requirements
Work-focused interview requirement

15. -(1) In this Part a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Department.

(2) A work-focused interview is an interview for prescribed purposes relating to work or work preparation.

(3) The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).

(4) The Department may specify how, when and where a work-focused interview is to take place.

Work preparation requirement

16. -(1) In this Part a “work preparation requirement” is a requirement that a claimant take particular action specified by the Department for the purpose of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).

(2) The Department may under subsection (1) specify the time to be devoted to any particular action.

(3) Action which may be specified under subsection (1) includes in particular—

(a) attending a skills assessment;

(b) improving personal presentation;

(c) participating in training;

(d) participating in an employment programme;

(e) undertaking work experience or a work placement;

(f) developing a business plan;

(g) any action prescribed for the purpose in subsection (1).

(4) In the case of a person with limited capability for work, the action which may be specified under subsection (1) includes taking part in a work-focused health-related assessment.

(5) In subsection (4) “work-focused health-related assessment” means an assessment by a health care professional approved by the Department which is carried out for the purpose of assessing—

(a) the extent to which the person’s capability for work may be improved by taking steps in relation to that person’s physical or mental condition, and

(b) such other matters relating to that person’s physical or mental condition and the likelihood of that person obtaining or remaining in work or being able to do so as may be prescribed.

(6) In subsection (5) “health care professional” means—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or

(d) a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as may be prescribed.

Work search requirement

17. -(1) In this Part a “work search requirement” is a requirement that a claimant take—

(a) all reasonable action, and

(b) any particular action specified by the Department,

for the purpose of obtaining paid work (or more paid work or better-paid work).

(2) The Department may under subsection (1)(b) specify the time to be devoted to any particular action.

(3) Action which may be specified under subsection (1)(b) includes in particular—

(a) carrying out work searches;

(b) making applications;

(c) creating and maintaining an online profile;

(d) registering with an employment agency;

(e) seeking references;

(f) any action prescribed for the purpose in subsection (1).

(4) Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.

(5) A limitation under subsection (4) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

Work availability requirement

18. -(1) In this Part a “work availability requirement” is a requirement that a claimant be available for work.

(2) For the purposes of this section “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).

(3) Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.

(4) A limitation under subsection (3) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

(5) Regulations may for the purposes of subsection (2) define what is meant by a person being able and willing immediately to take up work.

Application of work-related requirements
Claimants subject to no work-related requirements

19. -(1) The Department may not impose any work-related requirement on a claimant falling within this section.

(2) A claimant falls within this section if—

(a) the claimant has limited capability for work and work-related activity,

(b) the claimant has regular and substantial caring responsibilities for a severely disabled person,

(c) the claimant is the responsible carer for a child under the age of one, or

(d) the claimant is of a prescribed description.

(3) Regulations under subsection (2)(d) may in particular make provision by reference to one or more of the following—

(a) hours worked;

(b) earnings or income;

(c) the amount of universal credit payable.

(4) Regulations under subsection (3) may—

(a) in the case of a claimant who is a member of a couple, make provision by reference to the claimant alone or by reference to the members of the couple together;

(b) make provision for estimating or calculating any matter for the purpose of the regulations.

(5) Where a claimant falls within this section, any work-related requirement previously applying to the claimant ceases to have effect.

(6) In this Part “responsible carer”, in relation to a child means—

(a) a single person who is responsible for the child, or

(b) a person who is a member of a couple where—

(i) the person or the other member of the couple is responsible for the child, and

(ii) the person has been nominated by the couple jointly as responsible for the child.

Claimants subject to work-focused interview requirement only

20. -(1) A claimant falls within this section if—

(a) the claimant is the responsible carer for a child who is aged at least one and is under a prescribed age (which may not be less than 3), or

(b) the claimant is of a prescribed description.

(2) The Department may, subject to this Part, impose a work-focused interview requirement on a claimant falling within this section.

(3) The Department may not impose any other work-related requirement on a claimant falling within this section (and, where a claimant falls within this section, any other work-related requirement previously applying to the claimant ceases to have effect).

Claimants subject to work preparation requirement

21. -(1) A claimant falls within this section if the claimant does not fall within section 19 or 20 and—

(a) the claimant has limited capability for work, or

(b) the claimant is of a prescribed description.

(2) The Department may, subject to this Part, impose a work preparation requirement on a claimant falling within this section.

(3) The Department may also, subject to this Part, impose a work-focused interview requirement on a claimant falling within this section.

(4) The Department may not impose any other work-related requirement on a claimant falling within this section (and, where a claimant falls within this section, any other work-related requirement previously applying to the claimant ceases to have effect).

(5) Regulations under subsection (1)(b) must prescribe a claimant who is the responsible carer for a child aged 3 or 4 if the claimant does not fall within section 20.

Claimants subject to all work-related requirements

22. -(1) A claimant not falling within any of sections 19 to 21 falls within this section.

(2) The Department must, except in prescribed circumstances, impose on a claimant falling within this section—

(a) a work search requirement, and

(b) a work availability requirement.

(3) The Department may, subject to this Part, impose either or both of the following on a claimant falling within this section—

(a) a work-focused interview requirement;

(b) a work preparation requirement.

Work-related requirements: supplementary
Connected requirements

23. -(1) The Department may require a claimant to participate in an interview for any purpose relating to—

(a) the imposition of a work-related requirement on the claimant;

(b) verifying the claimant’s compliance with a work-related requirement;

(c) assisting the claimant to comply with a work-related requirement.

(2) The Department may specify how, when and where such an interview is to take place.

(3) The Department may, for the purpose of verifying the claimant’s compliance with a work-related requirement, require a claimant to—

(a) provide to the Department information and evidence specified by the Department in a manner so specified;

(b) confirm compliance in a manner so specified.

(4) The Department may require a claimant to report to the Department any specified changes in the claimant’s circumstances which are relevant to—

(a) the imposition of work-related requirements on the claimant;

(b) the claimant’s compliance with a work-related requirement.

Imposition of requirements

24. -(1) Regulations may make provision—

(a) where the Department may impose a requirement under this Part, as to when the requirement must or must not be imposed;

(b) where the Department may specify any action to be taken in relation to a requirement under this Part, as to what action must or must not be specified;

(c) where the Department may specify any other matter in relation to a requirement under this Part, as to what must or must not be specified in respect of that matter.

(2) Where the Department may impose a work-focused interview requirement, the Department must have regard to such matters as may be prescribed.

(3) Where the Department may specify a particular action under section 16(1) or 17(1)(b), the Department must have regard to such matters as may be prescribed.

(4) Where the Department may impose a requirement under this Part, the Department may revoke or change what has been imposed or specified.

(5) Where the Department may specify any action to be taken in relation to a requirement imposed under this Part, the Department may revoke or change what has been specified.

(6) Notification of a requirement imposed under this Part (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Department may determine.

(7) Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—

(a) a requirement imposed on that claimant under this Part ceases to have effect for a period of 13 weeks, and

(b) the Department may not impose any other requirement under this Part on that claimant during that period.

(8) For the purposes of subsection (7)—

(a) “domestic violence” has such meaning as may be prescribed;

(b) “victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);

(c) a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.

Compliance with requirements

25. Regulations may make provision as to circumstances in which a claimant is to be treated as having—

(a) complied with or not complied with any requirement imposed under this Part or any aspect of such a requirement, or

(b) taken or not taken any particular action specified by the Department in relation to such a requirement.

Reduction of benefit
Higher-level sanctions

26. -(1) The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

(2) It is a failure sanctionable under this section if a claimant falling within section 22—

(a) fails for no good reason to comply with a requirement imposed under a work preparation requirement to undertake a work placement of a prescribed description;

(b) fails for no good reason to comply with a requirement imposed under a work search requirement to apply for a particular vacancy for paid work;

(c) fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;

(d) by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.

(3) It is a failure sanctionable under this section if by reason of misconduct, or voluntarily and for no good reason, a claimant falling within section 19 by virtue of subsection (3) of that section ceases paid work or loses pay so as to cease to fall within that section and to fall within section 22 instead.

(4) It is a failure sanctionable under this section if, at any time before making the claim by reference to which the award is made, the claimant—

(a) for no good reason failed to take up an offer of paid work, or

(b) by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay,

and at the time the award is made the claimant falls within section 22.

(5) For the purposes of subsections (2) to (4) regulations may provide—

(a) for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;

(b) for loss of pay below a prescribed level to be disregarded.

(6) Regulations are to provide for—

(a) the amount of a reduction under this section;

(b) the period for which such a reduction has effect, not exceeding 3 years in relation to any failure sanctionable under this section.

(7) Regulations under subsection (6)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a) the number of failures by the claimant sanctionable under this section;

(b) the period between such failures.

(8) Regulations may provide—

(a) for cases in which no reduction is to be made under this section;

(b) for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this section.

Other sanctions

27. -(1) The amount of an award of universal credit is to be reduced in accordance with this section in the event of a failure by a claimant which is sanctionable under this section.

(2) It is a failure sanctionable under this section if a claimant—

(a) fails for no good reason to comply with a work-related requirement;

(b) fails for no good reason to comply with a requirement under section 23.

(3) But a failure by a claimant is not sanctionable under this section if it is also a failure sanctionable under section 26.

(4) Regulations are to provide for—

(a) the amount of a reduction under this section, and

(b) the period for which such a reduction has effect.

(5) Regulations under subsection (4)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

(a) a period continuing until the claimant meets a compliance condition specified by the Department,

(b) a fixed period not exceeding 26 weeks which is—

(i) specified in the regulations, or

(ii) determined in any case by the Department, or

(c) a combination of both.

(6) In subsection (5)(a) “compliance condition” means—

(a) a condition that the failure ceases, or

(b) a condition relating to future compliance with a work-related requirement or a requirement under section 23.

(7) A compliance condition specified under subsection (5)(a) may be—

(a) revoked or varied by the Department;

(b) notified to the claimant in such manner as the Department may determine.

(8) A period fixed under subsection (5)(b) may in particular depend on either or both the following—

(a) the number of failures by the claimant sanctionable under this section;

(b) the period between such failures.

(9) Regulations may provide—

(a) for cases in which no reduction is to be made under this section;

(b) for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this section.

Hardship payments

28. -(1) Regulations may make provision for the making of additional payments by way of universal credit to a claimant (“hardship payments”) where—

(a) the amount of the claimant’s award is reduced under section 26 or 27, and

(b) the claimant is or will be in hardship.

(2) Regulations under this section may in particular make provision as to—

(a) circumstances in which a claimant is to be treated as being or not being in hardship;

(b) matters to be taken into account in determining whether a claimant is or will be in hardship;

(c) requirements or conditions to be met by a claimant in order to receive hardship payments;

(d) the amount or rate of hardship payments;

(e) the period for which hardship payments may be made;

(f) whether hardship payments are recoverable.

Administration
Concurrent exercise of certain functions by Department for Employment and Learning

29. -(1) The Department for Employment and Learning may exercise, concurrently with the Department, the functions of the Department under the provisions of this Chapter specified in subsection (2); and references to the Department in those provisions are to be construed accordingly.

(2) The provisions are -

(a) section 14(2) and (4)(a) and (c);

(b) section 15(1), (3) and (4);

(c) section 16(1) and (2);

(d) section 17(1)(b), (2) and (4);

(e) section 18(3);

(f) section 23(1), (2), (3) and (4);

(g) section 24(1)(b) and (c), (3) and (5);

(h) section 25(b).

Delegation and contracting out

30. -(1) The functions of the Department under sections 13 to 25 may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).

(2) An authorisation given by virtue of this section may authorise the exercise of a function—

(a) wholly or to a limited extent;

(b) generally or in particular cases or areas;

(c) unconditionally or subject to conditions.

(3) An authorisation under this section—

(a) may specify its duration;

(b) may be varied or revoked at any time by the Department;

(c) does not prevent the Department or another person from exercising the function to which the authorisation relates.

(4) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.

(5) Subsection (4) does not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6) Where—

(a) the authorisation of an authorised person is revoked, and

(b) at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).

(7) This section applies in relation to the functions exercisable by the Department for Employment and Learning by virtue of section 29 as it applies in relation to the functions of the Department mentioned in subsection (1); and references to the Department in subsections (1) to (6) are to be construed accordingly.

CHAPTER 3

SUPPLEMENTARY AND GENERAL

Supplementary and consequential
Supplementary regulation-making powers

31. Schedule 1 contains supplementary regulation-making powers.

Supplementary and consequential amendments

32. Schedule 2 contains supplementary and consequential amendments.

Power to make supplementary and consequential provision etc

33. -(1) The Department may by regulations make such consequential, supplementary, incidental or transitional provision in relation to any provision of this Part as the Department considers appropriate.

(2) Regulations under this section may amend, repeal or revoke any statutory provision (whenever passed or made).

Universal credit and other benefits
Abolition of benefits

34. -(1) The following benefits are abolished—

(a) income-based jobseeker’s allowance under the Jobseekers Order;

(b) income-related employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

(c) income support under section 123 of the Contributions and Benefits Act;

(d) housing benefit under section 129 of that Act.

(2) In subsection (1)—

(a) “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Order;

(b) “income-related employment and support allowance” means an employment and support allowance entitlement to which is based on section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007.

(3) Schedule 3 contains consequential amendments.

Universal credit and the state pension credit

35. Schedule 4 provides for a housing element of state pension credit in consequence of the abolition of housing benefit by section 34.

Universal credit and working-age benefits

36. Schedule 5 makes further provision relating to universal credit, jobseeker’s allowance and employment and support allowance.

Migration to universal credit

37. Schedule 6 contains provision about the replacement of benefits by universal credit.

General
Capability for work or work-related activity

38. -(1) For the purposes of this Part a claimant has limited capability for work if—

(a) the claimant’s capability for work is limited by his or her physical or mental condition, and

(b) the limitation is such that it is not reasonable to require the claimant to work.

(2) For the purposes of this Part a claimant has limited capability for work-related activity if—

(a) the claimant’s capability for work-related activity is limited by his or her physical or mental condition, and

(b) the limitation is such that it is not reasonable to require the claimant to undertake work-related activity.

(3) The question whether a claimant has limited capability for work or work-related activity for the purposes of this Part is to be determined in accordance with regulations.

(4) Regulations under this section must, subject as follows, provide for determination of that question on the basis of an assessment (or repeated assessments) of the claimant.

(5) Regulations under this section may for the purposes of an assessment—

(a) require a claimant to provide information or evidence (and may require it to be provided in a prescribed manner or form);

(b) require a claimant to attend and submit to a medical examination at a place, date and time determined under the regulations.

(6) Regulations under this section may make provision for a claimant to be treated as having or not having limited capability for work or work-related activity.

(7) Regulations under subsection (6) may provide for a claimant who fails to comply with a requirement imposed under subsection (5) without a good reason to be treated as not having limited capability for work or work-related activity.

(8) Regulations under subsection (6) may provide for a claimant to be treated as having limited capability for work until—

(a) it has been determined whether or not that is the case, or

(b) the claimant is under any other provision of regulations under subsection (6) treated as not having it.

(9) Regulations under this section may provide for determination of the question of whether a claimant has limited capability for work or work-related activity even where the claimant is for the time being treated under regulations under subsection (6) as having limited capability for work or work-related activity.

Information

39. Information supplied under Chapter 2 or section 38 is to be taken for all purposes to be information relating to social security.

Couples

40. -(1) In this Part “couple” means—

(a) a man and woman who are married to each other and are members of the same household;

(b) a man and woman who are not married to each other but are living together as husband and wife;

(c) two people of the same sex who are civil partners of each other and are members of the same household;

(d) two people of the same sex who are not civil partners of each other but are living together as civil partners.

(2) For the purposes of this section, two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be treated as living together as husband and wife were they of opposite sexes.

(3) For the purposes of this section regulations may prescribe—

(a) circumstances in which the fact that two persons are husband and wife or are civil partners is to be disregarded;

(b) circumstances in which a man and a woman are to be treated as living together as husband and wife;

(c) circumstances in which people are to be treated as being or not being members of the same household.

Interpretation of Part 1

41. In this Part -

“assessment period” has the meaning given by section 7(2);

“child” means a person under the age of 16;

“claim” means claim for universal credit;

“claimant” means a single claimant or each of joint claimants;

“couple” has the meaning given by section 40;

“disabled” has such meaning as may be prescribed;

 

“joint claimants” means members of a couple who jointly make a claim or in relation to whom an award of universal credit is made;

“limited capability for work” and “limited capability for work-related activity” are to be construed in accordance with section 38(1) and (2);

“qualifying young person” has the meaning given in section 10(5);

“regular and substantial caring responsibilities” has such meaning as may be prescribed;

“responsible carer”, in relation to a child, has the meaning given in section 19(6);

“severely disabled” has such meaning as may be prescribed;

“single claimant” means a single person who makes a claim for universal credit or in relation to whom an award of universal credit is made as a single person;

“single person” is to be construed in accordance with section 1(2)(a);

“work” has such meaning as may be prescribed;

“work availability requirement” has the meaning given by section 18(1);

“work preparation requirement” has the meaning given by section 16(1);

“work search requirement” has the meaning given by section 17(1);

“work-focused interview requirement” has the meaning given by section 15(1);

“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

“work-related requirement” has the meaning given by section 13(2).

Regulations
Pilot schemes

42. -(1) Any power to make—

(a) regulations under this Part,

(b) regulations under the Administration Act relating to universal credit, or

(c) regulations under the Social Security (Northern Ireland) Order 1998 relating to universal credit,

may be exercised so as to make provision for piloting purposes.

(2) In subsection (1), “piloting purposes”, in relation to any provision, means the purposes of testing—

(a) the extent to which the provision is likely to make universal credit simpler to understand or to administer,

(b) the extent to which the provision is likely to promote—

(i) people remaining in work, or

(ii) people obtaining or being able to obtain work (or more work or better-paid work), or

(c) the extent to which, and how, the provision is likely to affect the conduct of claimants or other people in any other way.

(3) Regulations made by virtue of this section are in the remainder of this section referred to as a “pilot scheme”.

(4) A pilot scheme may be limited in its application to—

(a) one or more areas;

(b) one or more classes of person;

(c) persons selected—

(i) by reference to prescribed criteria, or

(ii) on a sampling basis.

(5) A pilot scheme may not have effect for a period exceeding 3 years, but—

(a) the Department may by order provide that the pilot scheme is to continue to have effect after the time when it would otherwise expire for a period not exceeding 12 months (and may make more than one such order);

(b) a pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

(6) A pilot scheme may include consequential or transitional provision in relation to its expiry.

Regulations

43. -(1) Where any power under this Part to make regulations is expressed to be exercisable for alternative purposes, it may be exercised in relation to the same case for all or any of those purposes.

(2) Any power under this Part to make regulations includes power—

(a) to make such incidental, supplementary, consequential or transitional provision or savings as appear to the Department to be expedient;

(b) to provide for a person to exercise a discretion in dealing with any matter.

(3) Each power conferred by this Part is without prejudice to the others.

(4) Where regulations under this Part provide for an amount, the amount may be zero.

(5) Where regulations under this Part provide for an amount for the purposes of an award (or a reduction from an award), the amount may be different in relation to different descriptions of person, and in particular may depend on—

(a) whether the person is a single person or a member of a couple;

(b) the age of the person.

(6) Regulations under section 11(4) or 12(3) which provide for the determination or calculation of an amount may make different provision for different areas.

Assembly control

44. -(1) Subject to the following provisions of this section, any regulations made under this Part are subject to negative resolution.

(2) Regulations to which this subsection applies—

(a) must be laid before the Assembly after being made; and

(b) take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

(3) Subsection (2) applies to—

(a) the first regulations under any of the following, alone or with other regulations—

(i) section 4(7) (acceptance of claimant commitment);

(ii) section 5(1)(a) and (2)(a) (capital limits);

(iii) section 8(3) (income to be deducted in award calculation);

(iv) section 9(2) and (3) (standard allowance);

(v) section 10(3) and (4) (children and young persons element);

(vi) section 11 (housing costs element);

(vii) section 12 (other needs and circumstances element);

(viii) section 18(3) and (5) (work availability requirement);

(ix) section 19(2)(d) (claimants subject to no work-related requirements);

(x) sections 26 and 27 (sanctions);

(xi) section 28 (hardship payments);

(xii) paragraph 4 of Schedule 1 (calculation of capital and income);

(xiii) paragraph 1(1) of Schedule 6 (migration), where making provision under paragraphs 4 and 5 of that Schedule;

(b) regulations made by virtue of section 42 (pilot schemes), alone or with other regulations.

(4) This subsection applies to any regulations under this Part which -

(a) but for subsection (5), would be subject to negative resolution, and

(b) are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.

(5) Any regulations to which subsection (4) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(6) In this section “the confirmatory procedure” means the procedure described in subsection (2).

PART 2

WORKING-AGE BENEFITS

CHAPTER 1

JOBSEEKER'S ALLOWANCE

Claimant responsibilities for interim period
Claimant commitment for jobseeker’s allowance

45. -(1) The Jobseekers Order is amended as follows.

(2) In Article 2 (interpretation), in paragraph (2), after the definition of “employment” there is inserted—

““employment officer”, for any purpose of this Order, means an officer of the Department or the Department for Employment and Learning or such other person as may be designated for that purpose by an order made by the Department;”.

(3) In Article 3 (the jobseeker’s allowance), in paragraph (2)(b) for “entered into a jobseeker’s agreement which remains in force” there is substituted “accepted a claimant commitment”.

(4) For Article 11 (the jobseeker’s agreement) there is substituted—

“Claimant commitment

11. -(1) For the purposes of this Order a “claimant commitment” is a record of a claimant’s responsibilities in relation to an award of a jobseeker’s allowance.

(2) A claimant commitment shall—

(a) be prepared by an employment officer,

(b) be in such form as the Department thinks fit,

(c) include any prescribed information, and

(d) include any other information an employment officer considers it appropriate to include.

(3) Information included in a claimant commitment under paragraph (2)(d) may include—

(a) information in respect of the conditions mentioned in Article 3(2)(a) and (c);

(b) details of any requirement imposed on the claimant by virtue of regulations under Article 10 or 19A, or under a jobseeker’s direction;

(c) details of any consequences of a failure to comply with such a requirement.

(4) A claimant shall not be invited to accept a claimant commitment by an employment officer unless, in the opinion of the employment officer, the conditions mentioned in Article 3(2)(a) and (c) would be satisfied with respect to the claimant if he were to act in accordance with, or be treated as acting in accordance with, the proposed claimant commitment.

(5) The employment officer may, and if asked to do so by the claimant shall forthwith, refer a proposed claimant commitment to the Department for it to determine—

(a) whether, if the claimant were to act in accordance with the proposed claimant commitment, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c), and

(b) whether it is reasonable to expect the claimant to have to act in accordance with the proposed claimant commitment.

(6) A reference under paragraph (5) may only relate to information included in the proposed claimant commitment under paragraph (3)(a).

(7) On a reference under paragraph (5) the Department—

(a) shall, so far as practicable, dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference;

(b) may give such directions, with respect to the terms of the proposed claimant commitment, as the Department considers appropriate;

(c) may direct that, if such conditions as it considers appropriate are satisfied, the proposed claimant commitment is to be treated (if accepted) as having been accepted by the claimant on such date as may be specified in the direction.

(8) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account by the Department in giving a direction under paragraph (7)(c), and

(b) for such persons as may be prescribed to be notified of—

(i) any determination of the Department under this Article;

(ii) any direction given by the Department under this Article.

(9) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in Article 3(2)(b).

(10) For the purposes of this Order a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.”.

(5) For Article 12 (variation of jobseeker’s agreement) there is substituted—

“Variation of claimant commitment

12. -(1) A claimant commitment may be varied by an employment officer.

(2) An employment officer shall not vary a claimant commitment unless, in the opinion of the employment officer, the conditions mentioned in Article 3(2)(a) and (c) would continue to be satisfied with respect to the claimant if he were to act in accordance with, or be treated as acting in accordance with, the varied claimant commitment.

(3) An employment officer shall, before making a relevant variation of a claimant commitment, notify the claimant of the proposed variation.

(4) For the purposes of this Article a “relevant variation” of a claimant commitment means a variation which relates to information to be included in the claimant commitment in respect of the conditions mentioned in Article 3(2)(a) and (c).

(5) The employment officer may, and if asked to do so by the claimant in prescribed circumstances, shall forthwith refer a relevant variation of a claimant commitment proposed by the employment officer or requested by the claimant to the Department to determine—

(a) whether, if the claimant were to act in accordance with the claimant commitment as proposed to be varied, he would satisfy—

(i) the condition mentioned in Article 3(2)(a), or

(ii) the condition mentioned in Article 3(2)(c), and

(b) in the case of a variation proposed by the employment officer, whether it is reasonable to expect the claimant to have to act in accordance with the claimant commitment as proposed to be varied.

(6) On a reference under paragraph (5) the Department—

(a) shall, so far as practicable, dispose of it in accordance with this Article before the end of the period of 14 days from the date of the reference,

(b) shall give such directions as it considers appropriate as to—

(i) whether the claimant commitment should be varied, and

(ii) if so, the terms on which the claimant is to accept the varied claimant commitment, and

(c) may direct that, if such conditions as it considers appropriate are satisfied, the claimant commitment, as proposed to be varied, is to be treated (if accepted) as having been accepted by the claimant on such date as may be specified in the direction.

(7) Regulations may provide—

(a) for such matters as may be prescribed to be taken into account by the Department in giving a direction under paragraph (6)(b) or (c), and

(b) for such persons as may be prescribed to be notified of—

(i) any determination of the Department under this Article;

(ii) any direction given by the Department under this Article.”.

Interviews

46. In Article 10 of the Jobseekers Order (attendance, information and evidence), in paragraphs (1)(a) and (1A)(a) for “attend at such place and at such time” there is substituted “participate in an interview in such manner, time and place”.

Sanctions

47. -(1) For Article 21 of the Jobseekers Order (circumstances in which a jobseeker’s allowance is not payable) there is substituted—

“Higher-level sanctions

21. -(1) The amount of an award of a jobseeker’s allowance is to be reduced in accordance with this Article in the event of a failure by the claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a) through misconduct loses employment as an employed earner;

(b) without a good reason voluntarily leaves such employment;

(c) without a good reason refuses or fails to apply for, or accept if offered, a situation in any employment which an employment officer has informed him is vacant or about to become vacant;

(d) without a good reason neglects to avail himself of a reasonable opportunity of employment;

(e) without a good reason fails to participate in any scheme within Article 19A(1) which is prescribed for the purposes of this Article.

(3) For the purposes of paragraph (2)(b), in such circumstances as may be prescribed, including in particular where a person has been dismissed by his employer by reason of redundancy within the meaning of Article 174(1) of the Employment Rights (Northern Ireland) Order 1996 after volunteering or agreeing to be so dismissed, a person who might otherwise be treated as having left his employment voluntarily is to be treated as not having left voluntarily.

(4) Regulations are to provide for—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect, not exceeding 3 years in relation to any failure sanctionable under this Article.

(5) Regulations under paragraph (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a) the number of failures by the claimant sanctionable under this Article;

(b) the period between such failures.

(6) Regulations may provide—

(a) for cases in which no reduction is to be made under this Article;

(b) for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

(7) During any period for which the amount of a joint-claim jobseeker’s allowance is reduced under this Article by virtue of a failure by one of the claimants which is sanctionable under this Article, the allowance is payable to the other member of the couple.

Other sanctions

21A. -(1) The amount of an award of a jobseeker’s allowance is to be reduced in accordance with this Article in the event of a failure by the claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a) without a good reason fails to comply with regulations under Article 10(1) or (1A);

(b) without a good reason fails to comply with regulations under Article 19A;

(c) without a good reason refuses or fails to carry out a jobseeker’s direction which was reasonable having regard to his circumstances;

(d) without a good reason neglects to avail himself of a reasonable opportunity of a place on a training scheme or employment programme;

(e) without a good reason refuses or fails to apply for, or accept if offered, a place on such a scheme or programme which an employment officer has informed him is vacant or about to become vacant;

(f) without a good reason gives up a place on such a scheme or programme or fails to attend such a scheme or programme having been given a place on it;

(g) through misconduct loses a place on such a scheme or programme.

(3) But a failure is not sanctionable under this Article if it is also sanctionable under Article 21.

(4) Regulations are to provide for—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect.

(5) Regulations under paragraph (4)(b) may provide that a reduction under this Article in relation to any failure is to have effect for—

(a) a period continuing until the claimant meets a compliance condition specified by the Department,

(b) a fixed period not exceeding 26 weeks which is—

(i) specified in the regulations, or

(ii) determined in any case by the Department, or

(c) a combination of both.

(6) In paragraph (5)(a) “compliance condition” means—

(a) a condition that the failure ceases, or

(b) a condition relating to—

(i) future compliance with a jobseeker’s direction or any requirement imposed under Article 10(1) or (1A) or 19A, or

(ii) future avoidance of the failures referred to in paragraph (2)(d) to (g).

(7) A compliance condition specified under paragraph (5)(a) may be—

(a) revoked or varied by the Department;

(b) notified to the claimant in such manner as the Department may determine.

(8) The period fixed under paragraph (5)(b) may in particular depend on either or both of the following—

(a) the number of failures by the claimant sanctionable under this Article;

(b) the period between such failures.

(9) Regulations may provide—

(a) for cases in which no reduction is to be made under this Article;

(b) for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

(10) During any period for which the amount of a joint-claim jobseeker’s allowance is reduced under this Article by virtue of a failure by one of the claimants which is sanctionable under this Article, the allowance is payable to the other member of the couple.

(11) In this Article—

(a) “jobseeker’s direction” means a direction given by an employment officer (in such manner as he thinks fit) with a view to achieving one or both of the following—

(i) assisting the claimant to find employment;

(ii) improving the claimant’s prospects of being employed;

(b) “training scheme” and “employment programme” have such meaning as may be prescribed.

Claimants ceasing to be available for employment etc

21B. -(1) Regulations may make provision for reduction of the amount of an award of a jobseeker’s allowance other than a joint-claim jobseeker’s allowance if the claimant—

(a) was previously entitled to such an allowance or was a member of a couple entitled to a joint-claim jobseeker’s allowance, and

(b) ceased to be so entitled by failing to comply with the condition in Article 3(2)(a) or (c) (availability for employment and actively seeking employment).

(2) Regulations may make provision for reduction of the amount of a joint-claim jobseeker’s allowance if one of the claimants—

(a) was previously entitled to a jobseeker’s allowance other than a joint-claim jobseeker’s allowance, and

(b) ceased to be so entitled by failing to comply with the condition in Article 3(2)(a) or (c).

(3) Regulations may make provision for reduction of the amount of an award of joint-claim jobseeker’s allowance if—

(a) the couple were previously entitled to a joint-claim jobseeker’s allowance but ceased to be so entitled by either or both of them failing to comply with the condition in Article 3(2)(a) or (c), or

(b) either member of the couple was a member of another couple previously entitled to such an allowance and that couple ceased to be so entitled by that person failing to comply with the condition in Article 3(2)(a) or (c).

(4) Regulations are to provide for—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect.

(5) The period referred to in paragraph (4)(b) must not include any period after the end of the period of 13 weeks beginning with the day on which the claimant’s previous entitlement ceased.

(6) Regulations under paragraph (4)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a) the number of occasions on which a claimant’s entitlement has ceased as specified in paragraph (1), (2) or (3);

(b) the period between such occasions.

(7) Regulations may provide for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination.

(8) During any period for which the amount of a joint-claim jobseeker’s allowance is reduced under this Article by virtue of a failure by one of the claimants to comply with the condition in Article 3(2)(a) or (c), the allowance is payable to the other member of the couple.

Hardship payments

21C. -(1) Regulations may make provision for the making of payments (“hardship payments”) by way of a jobseeker’s allowance to a claimant where—

(a) the amount of the claimant’s award is reduced under Articles 21 to 21B, and

(b) the claimant is or will be in hardship.

(2) Regulations under this Article may in particular make provision as to—

(a) circumstances in which a claimant is to be treated as being or not being in hardship;

(b) matters to be taken into account in determining whether a claimant is or will be in hardship;

(c) requirements or conditions to be met by a claimant in order to receive hardship payments;

(d) the amount or rate of hardship payments;

(e) the period for which hardship payments may be made;

(f) whether hardship payments are recoverable.”.

(2) In Article 37 of that Order (Assembly, etc. control), in paragraph (1), before sub-paragraph (b) there is inserted—

“(ab) the first regulations to be made under Articles 21 to 21C;”.

(3) In Schedule 1 to that Order—

(a) in the heading preceding paragraph 14B for “or just cause” there is substituted “reason”;

(b) before paragraph 14B there is inserted—

“14AA. For any purpose of this Order regulations may provide for—

(a) circumstances in which a person is to be treated as having or not having a good reason for an act or omission;

(b) matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.”;

(c) in paragraph 14B, in sub-paragraph (1)—

(i) for “this Order” there is substituted “paragraph 14AA”;

(ii) for “good cause or just cause” there is substituted “a good reason”.

(4) In Schedule 3 to the Social Security (Northern Ireland) Order 1998 (decisions against which an appeal lies), in paragraph 3, sub-paragraphs (ca) and (d) are repealed.

Procedure for regulation-making powers

48. In Article 37 of the Jobseekers Order (Assembly, etc. control), in paragraph (1)(c) (regulations subject to confirmatory procedure), “8, 9,” is repealed.

Consequential amendments

49. Schedule 7 contains consequential amendments relating to sections 45 to 47.

Claimant responsibilities after introduction of universal credit
Claimant responsibilities for jobseeker’s allowance

50. -(1) The Jobseekers Order is amended as follows.

(2) In Article 2 (interpretation), in paragraph (2), at the appropriate places there is inserted—

““work availability requirement” has the meaning given by Article 8E;”;

““work preparation requirement” has the meaning given by Article 8C;”;

““work search requirement” has the meaning given by Article 8D;”;

““work-focused interview requirement” has the meaning given by Article 8B;”;

““work-related requirement” has the meaning given by Article 8;”.

(3) In Article 3(2) (conditions of entitlement), sub-paragraphs (a) and (c) are repealed.

(4) For Articles 8 to 12 (and the italic heading preceding Article 8) there is substituted—

“Work-related requirements
Work-related requirements

8. -(1) The following provisions provide for the Department to impose work-related requirements with which claimants must comply for the purposes of this Order.

(2) In this Order “work-related requirement” means—

(a) a work-focused interview requirement (see Article 8B);

(b) a work preparation requirement (see Article 8C);

(c) a work search requirement (see Article 8D);

(d) a work availability requirement (see Article 8E).

Claimant commitment

8A. -(1) A claimant commitment is a record of a claimant’s responsibilities in relation to an award of a jobseeker’s allowance.

(2) A claimant commitment is to be prepared by the Department and may be reviewed and updated as the Department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) a record of the requirements that the claimant must comply with under this Order (or such of them as the Department considers it appropriate to include),

(b) any prescribed information, and

(c) any other information the Department considers it appropriate to include.

(5) For the purposes of this Order a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

Work-focused interview requirement

8B. -(1) In this Order a “work-focused interview requirement” is a requirement that a claimant participate in one or more work-focused interviews as specified by the Department.

(2) A work-focused interview is an interview for prescribed purposes relating to work or work preparation.

(3) The purposes which may be prescribed under paragraph (2) include in particular that of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).

(4) The Department may specify how, when and where a work-focused interview is to take place.

Work preparation requirement

8C. -(1) In this Order a “work preparation requirement” is a requirement that a claimant take particular action specified by the Department for the purpose of making it more likely in the opinion of the Department that the claimant will obtain paid work (or more paid work or better-paid work).

(2) The Department may under paragraph (1) specify the time to be devoted to any particular action.

(3) Action which may be specified under paragraph (1) includes in particular—

(a) attending a skills assessment;

(b) improving personal presentation;

(c) participating in training;

(d) participating in an employment programme;

(e) undertaking work experience or a work placement;

(f) developing a business plan;

(g) any action prescribed for the purpose in paragraph (1).

Work search requirement

8D. -(1) In this Order a “work search requirement” is a requirement that a claimant take—

(a) all reasonable action, and

(b) any particular action specified by the Department,

for the purpose of obtaining paid work (or more paid work or better-paid work).

(2) The Department may under paragraph (1)(b) specify the time to be devoted to any particular action.

(3) Action which may be specified under paragraph (1)(b) includes in particular—

(a) carrying out work searches;

(b) making applications;

(c) creating and maintaining an online profile;

(d) registering with an employment agency;

(e) seeking references;

(f) any other action prescribed for the purpose in paragraph (1).

(4) Regulations may impose limitations on a work search requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.

(5) A limitation under paragraph (4) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

Work availability requirement

8E. -(1) In this Order a “work availability requirement” is a requirement that a claimant be available for work.

(2) For the purposes of this Article “available for work” means able and willing immediately to take up paid work (or more paid work or better-paid work).

(3) Regulations may impose limitations on a work availability requirement by reference to the work to which it relates; and the Department may in any particular case specify further such limitations on such a requirement.

(4) A limitation under paragraph (3) may in particular be by reference to—

(a) work of a particular nature,

(b) work with a particular level of remuneration,

(c) work in particular locations, or

(d) work available for a certain number of hours per week or at particular times,

and may be indefinite or for a particular period.

(5) Regulations may for the purposes of paragraph (2) define what is meant by able and willing immediately to take up work.

Imposition of work-related requirements

8F. -(1) The Department must, except in prescribed circumstances, impose on a claimant—

(a) a work search requirement, and

(b) a work availability requirement.

(2) The Department may, subject to this Order, impose either or both of the following on a claimant—

(a) a work-focused interview requirement;

(b) a work preparation requirement.

Connected requirements

8G. -(1) The Department may require a claimant to participate in an interview for any purpose relating to—

(a) the imposition of a work-related requirement on the claimant;

(b) verifying the claimant’s compliance with a work-related requirement;

(c) assisting the claimant to comply with a work-related requirement.

(2) The Department may specify how, when and where such an interview is to take place.

(3) The Department may, for the purpose of verifying the claimant’s compliance with a work-related requirement, require a claimant to—

(a) provide to the Department information and evidence specified by the Department in a manner so specified;

(b) confirm compliance in a manner so specified.

(4) The Department may require a claimant to report to the Department any specified changes in the claimant’s circumstances which are relevant to—

(a) the imposition of work-related requirements on the claimant;

(b) the claimant’s compliance with a work-related requirement.

Imposition of work-related and connected requirements: supplementary

8H. -(1) Regulations may make provision—

(a) where the Department may impose a requirement under the preceding provisions, as to when the requirement must or must not be imposed;

(b) where the Department may specify any action to be taken in relation to a requirement under the preceding provisions, as to what action must or must not be specified;

(c) where the Department may specify any other matter in relation to such a requirement, as to what must or must not be specified in respect of that matter.

(2) Where the Department may impose a work-focused interview requirement, the Department must have regard to such matters as may be prescribed.

(3) Where the Department may specify a particular action under Article 8C(1) or 8D(1)(b), the Department must have regard to such matters as may be prescribed.

(4) Where the Department may impose a requirement under the preceding provisions, the Department may revoke or change what has been imposed or specified.

(5) Where the Department may specify any action to be taken in relation to a requirement imposed under the preceding provisions, the Department may revoke or change what has been specified.

(6) Notification of a requirement imposed under the preceding provisions (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Department may determine.

(7) Regulations must make provision to secure that, in prescribed circumstances, where a claimant has recently been a victim of domestic violence—

(a) a requirement imposed on the claimant under the preceding provisions ceases to have effect for a period of 13 weeks, and

(b) the Department may not impose any other requirement on the claimant during that period.

(8) For the purposes of paragraph (7)—

(a) “domestic violence” has such meaning as may be prescribed;

(b) “victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under paragraph (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);

(c) a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.

Compliance with work-related and connected requirements

8I. Regulations may make provision as to circumstances in which a claimant is to be treated as having—

(a) complied with or not complied with any requirement imposed under the preceding provisions or any aspect of such a requirement, or

(b) taken or not taken any particular action specified by the Department in relation to such a requirement.

Higher-level sanctions

8J. -(1) The amount of an award of jobseeker’s allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a) fails for no good reason to comply with a requirement imposed under a work preparation requirement to undertake a work placement of a prescribed description;

(b) fails for no good reason to comply with a requirement imposed under a work search requirement to apply for a particular vacancy for paid work;

(c) fails for no good reason to comply with a work availability requirement by not taking up an offer of paid work;

(d) by reason of misconduct, or voluntarily and for no good reason, ceases paid work or loses pay.

(3) It is a failure sanctionable under this Article if, at any time before making the claim by reference to which the award is made, the claimant—

(a) for no good reason failed to take up an offer of paid work, or

(b) by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.

(4) For the purposes of paragraphs (2) and (3) regulations may provide—

(a) for circumstances in which ceasing to work or losing pay is to be treated as occurring or not occurring by reason of misconduct or voluntarily;

(b) for loss of pay below a prescribed level to be disregarded.

(5) Regulations are to specify—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect, not exceeding 3 years in relation to any failure sanctionable under this Article.

(6) Regulations under paragraph (5)(b) may in particular provide for the period of a reduction to depend on either or both of the following—

(a) the number of failures by the claimant sanctionable under this Article;

(b) the period between such failures.

(7) Regulations may provide—

(a) for cases in which no reduction is to be made under this Article;

(b) for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this Article.

Other sanctions

8K. -(1) The amount of an award of a jobseeker’s allowance is to be reduced in accordance with this Article in the event of a failure by a claimant which is sanctionable under this Article.

(2) It is a failure sanctionable under this Article if a claimant—

(a) fails for no good reason to comply with a work-related requirement;

(b) fails for no good reason to comply with a requirement under Article 8G.

(3) But a failure by a claimant is not sanctionable under this Article if it is also a failure sanctionable under Article 8J.

(4) Regulations must specify—

(a) the amount of a reduction under this Article;

(b) the period for which such a reduction has effect.

(5) Regulations under paragraph (4)(b) may provide that a reduction under this Article in relation to any failure is to have effect for—

(a) a period continuing until the claimant meets a compliance condition specified by the Department,

(b) a fixed period not exceeding 26 weeks which is—

(i) specified in the regulations, or

(ii) determined in any case by the Department, or

(c) a combination of both.

(6) In paragraph (5)(a) “compliance condition” means—

(a) a condition that the failure ceases, or

(b) a condition relating to future compliance with a work-related requirement or a requirement under Article 8G.

(7) A compliance condition specified under paragraph (5)(a) may be—

(a) revoked or varied by the Department;

(b) notified to the claimant in such manner as the Department may determine.

(8) A period fixed under paragraph (5)(b) may in particular depend on either or both the following—

(a) the number of failures by the claimant sanctionable under this Article;

(b) the period between such failures.

(9) Regulations may provide—

(a) for cases in which no reduction is to be made under this Article;

(b) for a reduction under this Article made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this Article.

Concurrent exercise of certain functions by Department for Employment and Learning

8L. -(1) The Department for Employment and Learning may exercise, concurrently with the Department, the functions of the Department under the provisions of this Part specified in paragraph (2); and references to the Department in those provisions are to be construed accordingly.

(2) The provisions are -

(a) Article 8A(2) and (4)(a) and (c);

(b) Article 8B(1), (3) and (4);

(c) Article 8C(1) and (2);

(d) Article 8D(1)(b), (2) and (4);

(e) Article 8E(3);

(f) Article 8G(1), (2), (3) and (4);

(g) Article 8H(1)(b) and (c), (3) and (5);

(h) Article 8I(b).

Delegation and contracting out

8M. -(1) The functions of the Department under Articles 8 to 8I may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).

(2) An authorisation given by virtue of this Article may authorise the exercise of a function—

(a) wholly or to a limited extent;

(b) generally or in particular cases or areas;

(c) unconditionally or subject to conditions.

(3) An authorisation under this Article—

(a) may specify its duration;

(b) may be varied or revoked at any time by the Department;

(c) does not prevent the Department or another person from exercising the function to which the authorisation relates.

(4) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.

(5) Paragraph (4) does not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6) Where—

(a) the authorisation of an authorised person is revoked, and

(b) at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).

(7) This Article applies in relation to the functions exercisable by the Department for Employment and Learning by virtue of Article 8L as it applies in relation to the functions of the Department mentioned in paragraph (1); and references to the Department in paragraphs (1) to (6) are to be construed accordingly.”.

(5) In Article 31 (pilot schemes), in paragraph (8), for the words from “ascertaining” to the end there is substituted “testing the extent to which the provision made by the regulations is likely to promote—

(a) people remaining in work, or

(b) people obtaining or being able to obtain work (or more work or better-paid work).”.

(6) In Article 37 (Assembly, etc. control), in paragraph (1), after sub-paragraph (a) there is inserted—

“(aa) the first regulations to be made under Article 8J or 8K;”.

CHAPTER 2

EMPLOYMENT AND SUPPORT ALLOWANCE

Conditions of entitlement
Dual entitlement

51. -(1) In section 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance), after subsection (6) there is inserted—

“(6A) In subsection (3)(f), in relation to a contributory allowance, the reference to a couple entitled to a joint-claim jobseeker’s allowance does not include a couple so entitled by virtue of regulations under paragraph 8A of Schedule 1 to the Jobseekers Order.”.

(2) In a case where—

(a) an award of an employment and support allowance is made to a person in respect of any period of time before the coming into operation of subsection (1), and

(b) the person was not entitled to an employment and support allowance in relation to that period but would have been had subsection (1) been in operation in relation to that period,

subsection (1) shall be regarded as having been in operation in relation to that period.

Period of entitlement to contributory allowance

52. -(1) After section 1 of the Welfare Reform Act (Northern Ireland) 2007 there is inserted—

“Duration of contributory allowance

1A. -(1) The period for which a person is entitled to a contributory allowance by virtue of the first and second conditions set out in Part 1 of Schedule 1 shall not exceed, in the aggregate, the relevant maximum number of days in any period for which his entitlement is established by reference (under the second condition set out in Part 1 of Schedule 1) to the same two tax years.

(2) In subsection (1) the “relevant maximum number of days” is -

(a) 365 days; or

(b) if the Department by order specifies a greater number of days, that number of days.

(3) The fact that a person’s entitlement to a contributory allowance has ceased as a result of subsection (1) does not prevent his being entitled to a further such allowance if—

(a) he satisfies the first and second conditions set out in Part 1 of Schedule 1, and

(b) the two tax years by reference to which he satisfies the second condition include at least one year which is later than the second of the two years by reference to which (under the second condition) his previous entitlement was established.

(4) The period for which a person is entitled to a contributory allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth) shall not exceed -

(a) 365 days; or

(b) if the Department by order specifies a greater number of days, that number of days.

(5) In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to a contributory allowance, the following are not to be counted—

(a) days in which the person is a member of the support group,

(b) days not falling within paragraph (a) in respect of which the person is entitled to the support component referred to in section 2(1)(b), and

(c) days in the assessment phase, where the days immediately following that phase fall within paragraph (a) or (b).

(6) In calculating for the purposes of subsection (1) or (4) the length of the period for which a person is entitled to a contributory allowance, days occurring before the coming into operation of this section are to be counted (as well as those occurring afterwards).”.

(2) In section 25 of that Act (regulations) -

(a) in the heading, after “regulations” there is inserted “and orders”;

(b) in subsections (1) and (2) after “regulations” there is inserted “or an order”.

(3) In section 26 of that Act (Assembly control) in subsection (1) after “this Part” there is inserted “or any order made under section 1A”.

(4) In Schedule 4 to that Act (transition relating to Part 1), in paragraph 7(2), at the end there is inserted—

“(f) make provision modifying the application of section 1A in relation to awards of an employment and support allowance to persons previously entitled to existing awards.”.

Further entitlement after time-limiting

53. -(1) After section 1A of the Welfare Reform Act (Northern Ireland) 2007 (as inserted by section 52) there is inserted -

“Further entitlement after time-limiting

1B. -(1) Where a person’s entitlement to a contributory allowance has ceased as a result of section 1A(1) or (4) but -

(a) the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,

(b) the person satisfies the basic conditions, and

(c) the person has (or is treated as having) limited capability for work-related activity,

the claimant is entitled to an employment and support allowance by virtue of this section.

(2) An employment and support allowance entitlement to which is based on this section is to be regarded as a contributory allowance for the purposes of this Part.”.

(2) In section 1 of that Act (employment and support allowance), in the definition of “contributory allowance” in subsection (7), after “subsection (2)(a)” there is inserted “(and see section 1B(2))”.

Condition relating to youth

54. In section 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance), after subsection (3) there is inserted -

“(3A) After the coming into operation of this subsection no claim may be made for an employment and support allowance by virtue of the third condition set out in Part 1 of Schedule 1 (youth).”.

Claimant responsibilities for interim period
Claimant commitment for employment and support allowance

55. -(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.

(2) In section 1(3) (employment and support allowance) after paragraph (a) there is inserted -

“(aa) has accepted a claimant commitment,”.

(3) After section 1B (as inserted by section 53) there is inserted -

“Claimant commitment

1C. -(1) For the purposes of this Part a “claimant commitment” is a record of the claimant’s responsibilities in relation to an award of an employment and support allowance.

(2) A claimant commitment is to be prepared by the Department or the Department for Employment and Learning and may be reviewed and updated as that department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) any prescribed information, and

(b) any other information the Department or the Department for Employment and Learning considers it appropriate to include.

(5) For the purposes of this Part a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

(6) Regulations may provide that, in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 1(3)(aa).”.

(4) In section 15(2)(b) (directions about work-related activity) for the words from “by” to “14” there is substituted “in such manner as the Department or the Department for Employment and Learning thinks fit”.

(5) In section 16(1) (contracting out) before paragraph (a) there is inserted—

“(za) any function under section 1C in relation to a claimant commitment;”.

(6) In Schedule 2 (supplementary provisions) after paragraph 4 there is inserted—

“Exemption

4A. Regulations may prescribe circumstances in which a person may be entitled to employment and support allowance without having accepted a claimant commitment.”.

(7) In section 25(2) of the Welfare Reform Act (Northern Ireland) 2010 (action plans: well-being of children), in subsection (5) inserted into section 14 of the Welfare Reform Act (Northern Ireland) 2007 -

(a) after “preparing any” there is inserted “claimant commitment or”;

(b) after “action plan,” there is inserted “the Department or”.

Work experience etc

56. In section 13 of the Welfare Reform Act (Northern Ireland) 2007 (work-related activity), after subsection (7) there is inserted—

“(8) The reference to activity in subsection (7) includes work experience or a work placement.”.

Hardship payments

57. After section 16 of the Welfare Reform Act (Northern Ireland) 2007 there is inserted—

“Hardship payments

16A. -(1) Regulations may make provision for the making of payments (“hardship payments”) by way of an employment and support allowance to a person where—

(a) the amount otherwise payable to the person in respect of an employment and support allowance is reduced by virtue of regulations under section 11(3), 12(3) or 13(3), and

(b) the person is or will be in hardship.

(2) Regulations under this section may in particular make provision as to—

(a) circumstances in which a person is to be treated as being or not being in hardship;

(b) matters to be taken into account in determining whether a person is or will be in hardship;

(c) requirements or conditions to be met by a person in order to receive hardship payments;

(d) the amount or rate of hardship payments;

(e) the period for which hardship payments may be made.”.

Claimant responsibilities after introduction of universal credit
Claimant responsibilities for employment and support allowance

58. -(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.

(2) For sections 11 to 16 (and the italic heading preceding section 11) there is substituted—

“Work-related requirements
Work-related requirements

11. -(1) The following provisions of this Part provide for the Department to impose work-related requirements with which persons entitled to an employment and support allowance must comply for the purposes of this Part.

(2) In this Part “work-related requirement” means—

(a) a work-focused interview requirement (see section 11B);

(b) a work preparation requirement (see section 11C).

(3) The work-related requirements which may be imposed on a person depend on which of the following groups the person falls into—

(a) persons subject to no work-related requirements (see section 11D);

(b) persons subject to work-focused interview requirement only (see section 11E);

(c) persons subject to work-focused interview and work preparation requirements (see section 11F).

Claimant commitment

11A. -(1) A claimant commitment is a record of the responsibilities of a person entitled to an employment and support allowance in relation to the award of the allowance.

(2) A claimant commitment is to be prepared by the Department and may be reviewed and updated as the Department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) a record of the requirements that the person must comply with under this Part (or such of them as the Department considers it appropriate to include),

(b) any prescribed information, and

(c) any other information the Department considers it appropriate to include.

(5) For the purposes of this Part a person accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

Work-focused interview requirement

11B. -(1) In this Part a “work-focused interview requirement” is a requirement that a person participate in one or more work-focused interviews as specified by the Department.

(2) A work-focused interview is an interview for prescribed purposes relating to work or work preparation.

(3) The purposes which may be prescribed under subsection (2) include in particular that of making it more likely in the opinion of the Department that the person will obtain paid work (or more paid work or better-paid work).

(4) The Department may specify how, when and where a work-focused interview is to take place.

Work preparation requirement

11C. -(1) In this Part a “work preparation requirement” is a requirement that a person take particular action specified by the Department for the purpose of making it more likely in the opinion of the Department that the person will obtain paid work (or more paid work or better-paid work).

(2) The Department may under subsection (1) specify the time to be devoted to any particular action.

(3) Action which may be specified under subsection (1) includes in particular—

(a) attending a skills assessment;

(b) improving personal presentation;

(c) participating in training;

(d) participating in an employment programme;

(e) undertaking work experience or a work placement;

(f) developing a business plan;

(g) any action prescribed for the purpose in subsection (1).

(4) The action which may be specified under subsection (1) includes taking part in a work-focused health-related assessment.

(5) In subsection (4) “work-focused health-related assessment” means an assessment by a health care professional approved by the Department which is carried out for the purpose of assessing—

(a) the extent to which the person’s capability for work may be improved by taking steps in relation to the person’s physical or mental condition, and

(b) such other matters relating to the person’s physical or mental condition and the likelihood of the person obtaining or remaining in work or being able to do so as may be prescribed.

(6) In subsection (5) “health care professional” means—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an occupational therapist or physiotherapist registered with a regulatory body established by an Order in Council under section 60 of the Health Act 1999, or

(d) a member of such other profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 as may be prescribed.

Persons subject to no work-related requirements

11D. -(1) The Department may not impose any work-related requirement on a person falling within this section.

(2) A person falls within this section if—

(a) the person has limited capability for work and work-related activity,

(b) the person has regular and substantial caring responsibilities for a severely disabled person,

(c) the person is a single person responsible for a child under the age of one,

(d) the person is of a prescribed description.

(3) Where a person falls within this section, any work-related requirement previously applying to the person ceases to have effect.

(4) In this section—

“regular and substantial caring responsibilities” has such meaning as may be prescribed;

“severely disabled” has such meaning as may be prescribed.

Persons subject to work-focused interview requirement only

11E. -(1) A person falls within this section if—

(a) the person is a single person responsible for a child who is aged at least one and is under a prescribed age (which may not be less than 3), or

(b) the person is of a prescribed description.

(2) The Department may, subject to this Part, impose a work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.

(3) The Department may not impose a work preparation requirement on a person falling within this section (and, where a person falls within this section, a work preparation requirement previously applying to the person ceases to have effect).

Persons subject to work preparation and work-focused interview requirement

11F. -(1) A person who does not fall within section 11D or 11E falls within this section.

(2) The Department may, subject to this Part, impose a work preparation requirement or work-focused interview requirement on a person entitled to an employment and support allowance who falls within this section.

Connected requirements

11G. -(1) The Department may require a person entitled to an employment and support allowance to participate in an interview for any purpose relating to—

(a) the imposition of a work-related requirement on the person;

(b) verifying the person’s compliance with a work-related requirement;

(c) assisting the person to comply with a work-related requirement.

(2) The Department may specify how, when and where such an interview is to take place.

(3) The Department may, for the purpose of verifying a person’s compliance with a work-related requirement, require the person to—

(a) provide to the Department information and evidence specified by the Department in a manner so specified;

(b) confirm compliance in a manner so specified.

(4) The Department may require a person to report to the Department any specified changes in that person’s circumstances which are relevant to—

(a) the imposition of work-related requirements on the person;

(b) the person’s compliance with a work-related requirement.

Imposition of requirements

11H. -(1) Regulations may make provision—

(a) where the Department may impose a requirement under this Part, as to when the requirement must or must not be imposed;

(b) where the Department may specify any action to be taken in relation to a requirement under this Part, as to what action must or must not be specified;

(c) where the Department may specify any other matter in relation to a requirement under this Part, as to what must or must not be specified in respect of that matter.

(2) Where the Department may impose a work-focused interview requirement, the Department must have regard to such matters as may be prescribed.

(3) Where the Department may specify a particular action under section 11C(1), the Department must have regard to such matters as may be prescribed.

(4) Where the Department may impose a requirement under this Part, the Department may revoke or change what has been imposed or specified.

(5) Where the Department may specify any action to be taken in relation to a requirement imposed under this Part, the Department may revoke or change what has been specified.

(6) Notification of a requirement imposed under this Part (or any change to or revocation of such a requirement) is, if not included in the claimant commitment, to be in such manner as the Department may determine.

(7) Regulations must make provision to secure that, in prescribed circumstances, where a person has recently been a victim of domestic violence—

(a) a requirement imposed on that person under this Part ceases to have effect for a period of 13 weeks, and

(b) the Department may not impose any other requirement on that person during that period.

(8) For the purposes of subsection (7)—

(a) “domestic violence” has such meaning as may be prescribed;

(b) “victim of domestic violence” means a person on or against whom domestic violence is inflicted or threatened (and regulations under subsection (7) may prescribe circumstances in which a person is to be treated as being or not being a victim of domestic violence);

(c) a person has recently been a victim of domestic violence if a prescribed period has not expired since the violence was inflicted or threatened.

Compliance with requirements

11I. Regulations may make provision as to circumstances in which a person is to be treated as having—

(a) complied with or not complied with any requirement imposed under this Part or any aspect of such a requirement, or

(b) taken or not taken any particular action specified by the Department in relation to such a requirement.

Sanctions

11J. -(1) The amount of an award of an employment and support allowance is to be reduced in accordance with this section in the event of a failure by a person which is sanctionable under this section.

(2) It is a failure sanctionable under this section if a person—

(a) fails for no good reason to comply with a work-related requirement;

(b) fails for no good reason to comply with a requirement under section 11G.

(3) Regulations are to specify—

(a) the amount of a reduction under this section, and

(b) the period for which such a reduction has effect.

(4) Regulations under subsection (3)(b) may provide that a reduction under this section in relation to any failure is to have effect for—

(a) a period continuing until the person meets a compliance condition specified by the Department,

(b) a fixed period not exceeding 26 weeks which is—

(i) specified in the regulations, or

(ii) determined in any case by the Department, or

(c) a combination of both.

(5) In subsection (4)(a) “compliance condition” means—

(a) a condition that the failure ceases, or

(b) a condition relating to future compliance with a work-related requirement or a requirement under section 11G.

(6) A compliance condition specified under subsection (4)(a) may be—

(a) revoked or varied by the Department;

(b) notified to the person in such manner as the Department may determine.

(7) A period fixed under subsection (4)(b) may in particular depend on either or both the following—

(a) the number of failures by the person sanctionable under this section;

(b) the period between such failures.

(8) Regulations may provide—

(a) for cases in which no reduction is to be made under this section;

(b) for a reduction under this section made in relation to an award that is terminated to be applied to any new award made within a prescribed period of the termination;

(c) for the termination or suspension of a reduction under this section.

Concurrent exercise of certain functions by Department for Employment and Learning

11K. -(1) The Department for Employment and Learning may exercise, concurrently with the Department, the functions of the Department under the provisions of this Part specified in subsection (2); and references to the Department in those provisions are to be construed accordingly.

(2) The provisions are -

(a) section 11A(2) and (4)(a) and (c);

(b) section 11B(1), (3) and (4);

(c) section 11C(1) and (2);

(d) section 11G(1), (2), (3) and (4);

(e) section 11H(1)(b) and (c), (3) and (5);

(f) section 11I(b).

Delegation and contracting out

11L. -(1) The functions of the Department under sections 11 to 11I may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).

(2) An authorisation given by virtue of this section may authorise the exercise of a function—

(a) wholly or to a limited extent;

(b) generally or in particular cases or areas;

(c) unconditionally or subject to conditions.

(3) An authorisation under this section—

(a) may specify its duration;

(b) may be varied or revoked at any time by the Department;

(c) does not prevent the Department or another person from exercising the function to which the authorisation relates.

(4) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.

(5) Subsection (4) does not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).

(6) Where—

(a) the authorisation of an authorised person is revoked, and

(b) at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).

(7) This section applies in relation to the functions exercisable by the Department for Employment and Learning by virtue of section 11K as it applies in relation to the functions of the Department mentioned in subsection (1); and references to the Department in subsections (1) to (6) are to be construed accordingly.”.

(3) In section 19 (pilot schemes), in subsection (3), for the words from “ascertaining” to the end there is substituted “testing the extent to which the provision made by the regulations is likely to promote—

(a) people remaining in work, or

(b) people obtaining or being able to obtain work (or more work or better-paid work).”.

(4) In section 24 (interpretation), in subsection (1)—

(a) at the appropriate places there is inserted—

““child” means a person under the age of 16;”;

““single person” means an individual who is not a member of a couple (within the meaning of Part 1 of the Welfare Reform Act (Northern Ireland) 2012);”;

““work” has such meaning as may be prescribed;”;

““work-focused interview requirement” has the meaning given by section 11B;”;

““work preparation requirement” has the meaning given by section 11C;”;

““work-related requirement” has the meaning given by section 11;”;

(b) for the definition of “work-related activity” there is substituted—

““work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;”.

(5) In section 25 (regulations), in subsection (3), for “to 15” there is substituted “to 11J”.

(6) In section 26 (Assembly, etc. control), in subsection (3), after paragraph (a) there is inserted—

“(aa) the first regulations under section 11D(2)(d) or 11J,”.

(7) In Schedule 2 (supplementary)—

(a) in the heading preceding paragraph 10A, for “cause” there is substituted “reason”;

(b) before paragraph 10A there is inserted—

“10ZA. Regulations may for any purpose of this Part provide for—

(a) circumstances in which a person is to be treated as having or not having a good reason for an act or omission;

(b) matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.”;

(c) in paragraph 10A, in sub-paragraph (1)—

(i) for “section 11, 12 or 13” there is substituted “paragraph 10ZA”;

(ii) for “good cause” there is substituted “a good reason”.

(8) In that Schedule, after paragraph 10A there is inserted—

“Responsibility for children

10B. Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child.”.

(9) In that Schedule, in paragraph 13 (information), for “13” there is substituted “11K”.

CHAPTER 3

INCOME SUPPORT

Entitlement of lone parents to income support etc

59. -(1) In section 123(1A)(b) of the Contributions and Benefits Act (lone parents with a child under 7 to be included in regulations as a category of person entitled to income support), for “7” there is substituted “5”.

(2) In section 8 of the Welfare Reform Act (Northern Ireland) 2010 (Assembly procedure: regulations imposing a work-related activity requirements on lone parents of children under 7), in the heading and in subsection (1), for “7” there is substituted “5”.

Claimant commitment for income support

60. -(1) The Contributions and Benefits Act is amended in accordance with subsections (2) and (3).

(2) Section 123 (income support) is amended as follows—

(a) in subsection (1), after paragraph (e) there is inserted—

“(ea) he has accepted a claimant commitment;”;

(b) after subsection (1B) there is inserted—

“(1C) Regulations may prescribe circumstances in which a person may be entitled to income support without having accepted a claimant commitment.”.

(3) After section 123 there is inserted—

“Claimant commitment

123A. -(1) For the purposes of this Part a “claimant commitment” is a record of the claimant’s responsibilities in relation to an award of income support.

(2) A claimant commitment is to be prepared by the Department or the Department for Employment and Learning and may be reviewed and updated as that department thinks fit.

(3) A claimant commitment is to be in such form as the Department thinks fit.

(4) A claimant commitment is to include—

(a) any prescribed information, and

(b) any other information the Department or the Department for Employment and Learning considers it appropriate to include.

(5) For the purposes of section 123 and this section a claimant accepts a claimant commitment if, and only if, the claimant accepts the most up-to-date version of it in such manner as may be prescribed.

(6) Regulations may provide that in prescribed circumstances, a claimant is to be treated as having satisfied the condition mentioned in section 123(1)(ea).”.

(4) In section 2F of the Administration Act (directions about work-related activity), in subsection (3)(b), for the words from “by” to “2E” there is substituted “in such manner as the Department thinks fit”.

(5) In section 2G of that Act (contracting out), after subsection (1)(c) there is inserted—

“(d) any function under section 123A of the Contributions and Benefits Act in relation to a claimant commitment.”.

CHAPTER 4

ENTITLEMENT TO WORK

Entitlement to work: jobseeker’s allowance

61. -(1) The Jobseekers Order is amended as follows.

(2) In Article 3 (jobseeker’s allowance), in paragraph (2), before sub-paragraph (a) there is inserted—

“(za) is entitled to be in employment in the United Kingdom;”.

(3) In that Article, after paragraph (3) there is inserted—

“(3A) For the purposes of paragraph (2)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a) the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect, and

(iii) the leave is not subject to a condition preventing the person from accepting any employment.”.

(4) In Schedule 1 (supplementary provisions), after paragraph 8 there is inserted—

 

“8ZA. Regulations may prescribe circumstances in which a person may be entitled to a jobseeker’s allowance without being entitled to be in employment in the United Kingdom.”.

Entitlement to work: employment and support allowance

62. -(1) The Welfare Reform Act (Northern Ireland) 2007 is amended as follows.

(2) In section 1 (employment and support allowance), in subsection (3), before paragraph (a) there is inserted—

“(za) is entitled to be in employment in the United Kingdom,”.

(3) In that section, after subsection (3) there is inserted—

“(3A) For the purposes of subsection (3)(za), a person is entitled to be in employment in the United Kingdom if, and only if—

(a) the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect, and

(iii) the leave is not subject to a condition preventing the person from accepting any employment.”.

(4) In Schedule 2 (supplementary provisions), after paragraph 4A (as inserted by section 55) there is inserted—

“Entitlement to work in the United Kingdom

4B. Regulations may provide that in prescribed circumstances a person who is not entitled to be in employment in the United Kingdom may nevertheless be entitled to an employment and support allowance.”.

Entitlement to work: maternity allowance and statutory payments

63. -(1) The Contributions and Benefits Act is amended as follows.

(2) In section 35 (state maternity allowance)—

(a) in subsection (1), after paragraph (d) there is inserted “and

(e) at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) for circumstances in which subsection (1)(e) above does not apply;”.

(3) In section 160 (statutory maternity pay)—

(a) in subsection (2), after paragraph (a) there is inserted—

“(aa) that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;”;

(b) in subsection (9), after paragraph (d) there is inserted—

“(da) provide for circumstances in which subsection (2)(aa) above does not apply;”.

(4) In section 167ZA (ordinary statutory paternity pay: birth)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of the relevant week he was entitled to be in that employment;”;

(b) after subsection (3) there is inserted—

“(3A) Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”.

(5) In section 167ZB (ordinary statutory paternity pay: adoption)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of the relevant week he was entitled to be in that employment;”;

(b) after subsection (3) there is inserted—

“(3A) Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.”.

(6) In section 167ZEA (additional statutory paternity pay: birth)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of that prescribed week the claimant was entitled to be in that employment;”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) exclude the application of the condition mentioned in paragraph (ba) of subsection (2) in prescribed circumstances,”.

(7) In section 167ZEB (additional statutory paternity pay: adoption)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of that prescribed week the claimant was entitled to be in that employment;”;

(b) in subsection (3), before paragraph (a) there is inserted—

“(za) exclude the application of the condition mentioned in paragraph (ba) of subsection (2) in prescribed circumstances,”.

(8) In section 167ZL (statutory adoption pay: entitlement)—

(a) in subsection (2), after paragraph (b) there is inserted—

“(ba) that at the end of the relevant week he was entitled to be in that employment;”;

(b) in subsection (3), after “(2)(b)” there is inserted “, (ba)”;

(c) in subsection (8), before paragraph (a) there is inserted—

“(za) exclude the application of subsection (2)(ba) above in prescribed circumstances;”.

(9) After section 169 (age) there is inserted—

“Entitlement to be in employment

169A. For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—

(a) the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

(b) the person has been granted such leave and—

(i) the leave is not invalid,

(ii) the leave has not for any reason ceased to have effect, and

(iii) the leave is not subject to a condition preventing the person from accepting that employment.”.

(10) In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—

(a) in paragraph 2, after sub-paragraph (h) there is inserted—

“(i) the employee is not entitled to be in his employment on the relevant date.”;

(b) after paragraph 8 there is inserted—

“9. Paragraph 2(i) above does not apply in prescribed circumstances.”.

PART 3

OTHER BENEFIT CHANGES

Industrial injuries benefit
Injuries arising before 5 July 1948

64. -(1) In Part 5 of the Contributions and Benefits Act (industrial injuries benefit), the following provisions are repealed—

(a) in section 94(1), the words “after 4th July 1948”;

(b) in section 103(2)(a), the words “after 4th July 1948”;

(c) in section 108(1), the words “and which developed after 4th July 1948”;

(d) in section 108(3), the words “but not before 5th July 1948”;

(e) in section 109(5)(a), the words “after 4th July 1948”;

(f) in section 109(5)(b) and (6)(a), the words “and developed after 4th July 1948”.

(2) Accordingly, section 111 of, and Schedule 8 to, that Act (which relate to compensation and benefits in respect of industrial injuries before 5 July 1948) are repealed.

(3) The Department may make regulations subject to negative resolution—

(a) for, and in relation to, the payment of industrial injuries benefit to persons to whom, before the commencement of this section, compensation or benefits were payable under section 111 of, and Schedule 8 to, the Contributions and Benefits Act;

(b) for claims for the payment of such compensation or benefit to be treated as claims for industrial injuries benefit.

(4) In subsection (3) “industrial injuries benefit” has the meaning given by section 121(1) of the Contributions and Benefits Act.

Persons under 18

65. -(1) In Schedule 4 to the Contributions and Benefits Act (rates of benefits), Part 5 (rates of industrial injuries benefit) is amended as follows.

(2) In entry 1 (which relates to disablement pension (weekly rates)), in the second column (“Rate”)—

(a) in the opening words, for the words from “in that Table” to the end of paragraph (b) there is substituted “in column (2) of that Table.”;

(b) in the Table, column (3) is repealed.

(3) In entry 4 (which relates to the maximum of aggregate of weekly benefit payable for successive accidents), in the second column (“Rate”)—

(a) paragraph (a) is repealed, except for the monetary amount specified;

(b) paragraph (b) is repealed, including the monetary amount specified.

Trainees

66. -(1) After section 95 of the Contributions and Benefits Act there is inserted—

“Employment training schemes etc

95A. -(1) In the industrial injuries and diseases provisions any reference to employed earner’s employment shall be taken to include participation in an employment training scheme or employment training course of a prescribed description (and “employed earner” shall be construed accordingly).

(2) In those provisions, a reference to an employer, in relation to any such participation, shall be taken to be a prescribed person.

(3) In this section “industrial injuries and diseases provisions” has the same meaning as in section 95(4) above.”.

(2) In Article 33(1) of the Industrial Training (Northern Ireland) Order 1984 (power to make payments in respect of trainees equivalent to social security benefits payable in respect of employees), after “in pursuance of” there is inserted “Parts 2 to 4 of”.

(3) The Department may make regulations subject to negative resolution—

(a) for, and in relation to, the payment of industrial injuries benefit to persons to whom, before the commencement of this section, payments were payable under Article 33(1) of the Industrial Training (Northern Ireland) Order 1984;

(b) for claims for such payments to be treated as claims for industrial injuries benefit.

(4) In subsection (3) “industrial injuries benefit” has the meaning given by section 121(1) of the Contributions and Benefits Act.

Restriction on new claims for industrial death benefit

67. In Part 6 of Schedule 7 to the Contributions and Benefits Act (industrial death benefit), in paragraph 14, after sub-paragraph (1) there is inserted—

“(1A) No claim may be made for industrial death benefit after the coming into operation of this sub-paragraph.”.

Determinations

68. -(1) Article 29(2) of the Social Security (Northern Ireland) Order 1998 (which provides for decisions as to whether an accident is an industrial accident in the absence of a claim for benefit) is repealed.

(2) In Article 30 of that Order (effect of decision), in paragraph (1), the words from “(given” to “otherwise)” are repealed.

Housing benefit
Housing benefit: determination of appropriate maximum

69. -(1) Section 129A of the Contributions and Benefits Act (appropriate maximum housing benefit) is amended as follows.

(2) In subsection (3), for “The regulations may provide” there is substituted “The provision which may be made by the regulations includes provision”.

(3) For subsections (4) and (5) there is substituted—

“(4) The regulations may, for the purpose of determining the AMHB, provide for the amount of the liability mentioned in section 129(1)(a) above to be taken to be an amount other than the actual amount of that liability (and, without prejudice to the generality of this subsection, may provide for it to be taken to be the amount of an Executive determination).

(5) The regulations may, for that purpose, make provision for determining the amount of liability under section 129(1)(a) above which a person is treated as having by virtue of regulations under section 133(2)(j) below (and, without prejudice to the generality of this subsection, may provide for that amount to be the amount of an Executive determination).”.

(4) In section 172(2) of the Contributions and Benefits Act (Assembly control of regulations and orders) after paragraph (aa) insert -

“(ab) the first regulations made by virtue of section 129A(4) or (5);”.

Social fund
Ending of discretionary payments

70. -(1) Section 134(1)(b) of the Contributions and Benefits Act (discretionary payments out of social fund) is repealed.

(2) In consequence of the provision made by subsection (1), the office of the social fund Commissioner is abolished.

(3) Payments are to be made out of the social fund into the Consolidated Fund in respect of—

(a) amounts allocated under section 147 of the Administration Act to the making of such payments as are mentioned in section 134(1)(b) but which are not so applied in consequence of subsection (1);

(b) sums relating to such payments as are mentioned in section 134(1)(b) that are paid into the social fund under section 144 of the Administration Act.

(4) The payments are to be such as the Department determines in accordance with any directions of the Department of Finance and Personnel to be appropriate.

(5) Subsection (3) is not to prevent the Department from re-allocating amounts allocated under section 147(1) of the Administration Act.

(6) The Department may by order subject to negative resolution provide for the transfer of property, rights and liabilities from the social fund Commissioner.

(7) An order under this section may—

(a) provide for the transfer of property, rights and liabilities whether or not they would otherwise be capable of being transferred;

(b) make such supplementary, incidental, consequential or transitional provision as the Department considers appropriate.

(8) Schedule 8 contains consequential amendments.

Purposes of discretionary payments

71. In section 134 of the Contributions and Benefits Act (payments out of the social fund), in subsection (1)(b), for “to meet other needs” there is substituted “to meet—

(i) other needs, and

(ii) in the case of payments by way of budgeting loan, those needs for which provision is made by paragraph (a),”.

Determination of amount or value of budgeting loan

72. -(1) Section 136 of the Contributions and Benefits Act (principles of determination) is amended as follows.

(2) In subsection (4), after paragraph (d) there is inserted—

“(da) that the amount or value of a budgeting loan is not to exceed a sum specified or determined as specified in the direction;”.

(3) After subsection (4) there is inserted—

“(4ZA) A direction under subsection (4)(da) may require the sum to be determined by applying, or by a method that includes applying, a multiplier specified in the direction in circumstances specified in the direction to the most recent relevant sum published by the Department.

(4ZB) A relevant sum is a sum determined from time to time by reference to so much of any relevant allocation under section 147(1) to (4) of the Administration Act as is available for making payments.”.

Community care grants

73. Sections 15 to 17 of the Welfare Reform Act (Northern Ireland) 2010 (provisions relating to community care grants), which have not been brought into operation, are repealed.

State pension credit
State pension credit: carers

74. -(1) The State Pension Credit Act (Northern Ireland) 2002 is amended as follows.

(2) In section 2 (guarantee credit), in subsection (8), for paragraphs (a) and (b) there is substituted—

“(a) the claimant has regular and substantial caring responsibilities, or

(b) the claimant is a member of a couple the other member of which has such responsibilities,”.

(3) In section 17 (interpretation), in subsection (1), in the appropriate place there is inserted—

““regular and substantial caring responsibilities” has such meaning as may be prescribed;”.

State pension credit: capital limit

75. -(1) In section 1 of the State Pension Credit Act (Northern Ireland) 2002 (entitlement), in subsection (2)—

(a) in paragraph (b), the final “and” is repealed;

(b) at the end there is inserted “and

(d) his capital does not exceed a prescribed amount.”.

(2) In section 19 of that Act (regulations and orders), in subsection (4), before paragraph (a) there is inserted—

“(za) section 1(2)(d);”.

PART 4

PERSONAL INDEPENDENCE PAYMENT

Personal independence payment
Personal independence payment

76. -(1) An allowance known as personal independence payment is payable in accordance with this Part.

(2) A person’s entitlement to personal independence payment may be an entitlement to—

(a) the daily living component (see section 77);

(b) the mobility component (see section 78); or

(c) both those components.

(3) A person is not entitled to personal independence payment unless the person meets prescribed conditions relating to residence and presence in Northern Ireland.

Daily living component

77. -(1) A person is entitled to the daily living component at the standard rate if—

(a) the person’s ability to carry out daily living activities is limited by the person’s physical or mental condition; and

(b) the person meets the required period condition.

(2) A person is entitled to the daily living component at the enhanced rate if—

(a) the person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition; and

(b) the person meets the required period condition.

(3) In this section, in relation to the daily living component—

(a) “the standard rate” means such weekly rate as may be prescribed;

(b) “the enhanced rate” means such weekly rate as may be prescribed.

(4) In this Part “daily living activities” means such activities as may be prescribed for the purposes of this section.

(5) See sections 79 and 80 for provision about determining—

(a) whether the requirements of subsection (1)(a) or (2)(a) are met;

(b) whether a person meets “the required period condition” for the purposes of subsection (1)(b) or (2)(b).

(6) This section is subject to the provisions of this Part, or regulations under it, relating to entitlement to the daily living component (see in particular sections 81 (terminal illness) and 82 (persons of pensionable age)).

Mobility component

78. -(1) A person is entitled to the mobility component at the standard rate if—

(a) the person is of or over the age prescribed for the purposes of this subsection;

(b) the person’s ability to carry out mobility activities is limited by the person’s physical or mental condition; and

(c) the person meets the required period condition.

(2) A person is entitled to the mobility component at the enhanced rate if—

(a) the person is of or over the age prescribed for the purposes of this subsection;

(b) the person’s ability to carry out mobility activities is severely limited by the person’s physical or mental condition; and

(c) the person meets the required period condition.

(3) In this section, in relation to the mobility component—

(a) “the standard rate” means such weekly rate as may be prescribed;

(b) “the enhanced rate” means such weekly rate as may be prescribed.

(4) In this Part “mobility activities” means such activities as may be prescribed for the purposes of this section.

(5) See sections 79 and 80 for provision about determining—

(a) whether the requirements of subsection (1)(b) or (2)(b) are met;

(b) whether a person meets “the required period condition” for the purposes of subsection (1)(c) or (2)(c).

(6) This section is subject to the provisions of this Part, or regulations under it, relating to entitlement to the mobility component (see in particular sections 81 and 82).

(7) Regulations may provide that a person is not entitled to the mobility component for a period (even though the requirements in subsection (1) or (2) are met) in prescribed circumstances where the person’s condition is such that during all or most of the period the person is unlikely to benefit from enhanced mobility.

Ability to carry out daily living activities or mobility activities

79. -(1) For the purposes of this Part, the following questions are to be determined in accordance with regulations—

(a) whether a person’s ability to carry out daily living activities is limited by the person’s physical or mental condition;

(b) whether a person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition;

(c) whether a person’s ability to carry out mobility activities is limited by the person’s physical or mental condition;

(d) whether a person’s ability to carry out mobility activities is severely limited by the person’s physical or mental condition.

(2) Regulations must make provision for determining, for the purposes of each of sections 77(1) and (2) and 78(1) and (2), whether a person meets “the required period condition” (see further section 80).

(3) Regulations under this section—

(a) must provide for the questions mentioned in subsections (1) and (2) to be determined, except in prescribed circumstances, on the basis of an assessment (or repeated assessments) of the person;

(b) must provide for the way in which an assessment is to be carried out;

(c) may make provision about matters which are, or are not, to be taken into account in assessing a person.

(4) The regulations may, in particular, make provision—

(a) about the information or evidence required for the purpose of determining the questions mentioned in subsections (1) and (2);

(b) about the way in which that information or evidence is to be provided;

(c) requiring a person to participate in such a consultation, with a person approved by the Department, as may be determined under the regulations (and to attend for the consultation at a place, date and time determined under the regulations).

(5) The regulations may include provision—

(a) for a negative determination to be treated as made if a person fails without a good reason to comply with a requirement imposed under subsection (4);

(b) about what does or does not constitute a good reason for such a failure;

(c) about matters which are, or are not, to be taken into account in determining whether a person has a good reason for such a failure.

(6) In subsection (5)(a) a “negative determination” means a determination that a person does not meet the requirements of—

(a) section 77(1)(a) and (b) or (2)(a) and (b) (daily living component);

(b) section 78(1)(a) to (c) or (2)(a) to (c) (mobility component).

Required period condition: further provision

80. -(1) Regulations under section 79(2) must provide for the question of whether a person meets “the required period condition” for the purposes of section 77(1) or (2) or 78(1) or (2) to be determined by reference to—

(a) whether, as respects every time in the previous 3 months, it is likely that if the relevant ability had been assessed at that time that ability would have been determined to be limited or (as the case may be) severely limited by the person’s physical or mental condition; and

(b) whether, as respects every time in the next 9 months, it is likely that if the relevant ability were to be assessed at that time that ability would be determined to be limited or (as the case may be) severely limited by the person’s physical or mental condition.

(2) In subsection (1) “the relevant ability” means—

(a) in relation to section 77(1) or (2), the person’s ability to carry out daily living activities;

(b) in relation to section 78(1) or (2), the person’s ability to carry out mobility activities.

(3) In subsection (1)—

(a) “assessed” means assessed in accordance with regulations under section 79;

(b) “the previous 3 months” means the 3 months ending with the prescribed date;

(c) “the next 9 months” means the 9 months beginning with the day after that date.

(4) Regulations under section 79(2) may provide that in prescribed cases the question of whether a person meets “the required period condition” for the purposes of section 77(1) or (2) or 78(1) or (2)—

(a) is not to be determined in accordance with the provision made by virtue of subsections (1) to (3);

(b) is to be determined in accordance with provision made in relation to those cases by the regulations.

Entitlement and payability: further provision
Terminal illness

81. -(1) This section applies to a person who—

(a) is terminally ill; and

(b) has made a claim for personal independence payment expressly on the ground of terminal illness.

(2) A person to whom this section applies is entitled to the daily living component at the enhanced rate (and accordingly section 77(1) and (2) does not apply to such a person).

(3) Section 78(1)(c) and (2)(c) (required period condition for mobility component) does not apply to a person to whom this section applies.

(4) For the purposes of this section a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person’s death in consequence of that disease can reasonably be expected within 6 months.

(5) For the purposes of this section, where—

(a) a person purports to make a claim for personal independence payment on behalf of another, and

(b) the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,

that person is to be regarded as making the claim despite its being made without that person’s knowledge or authority.

(6) In subsection (2) “the enhanced rate” has the meaning given by section 77(3).

Persons of pensionable age

82. -(1) A person is not entitled to the daily living component or the mobility component for any period after the person reaches the relevant age.

(2) In subsection (1) “the relevant age” means—

(a) pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995); or

(b) if higher, 65.

(3) Subsection (1) is subject to such exceptions as may be provided by regulations.

No entitlement to daily living component where UK is not competent state

83. -(1) A person to whom a relevant EU Regulation applies is not entitled to the daily living component for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

(2) Each of the following is a “relevant EU Regulation” for the purposes of this section—

(a) Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

(b) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems.

Care home residents

84. -(1) Regulations may provide that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2).

(2) The condition is that the person is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person are borne out of public funds by virtue of a specified statutory provision.

(3) In this section “care home” means an establishment that provides accommodation together with nursing or personal care.

(4) The following are “qualifying services” for the purposes of subsection (2)—

(a) accommodation;

(b) board;

(c) personal care;

(d) such other services as may be prescribed.

(5) The reference in subsection (2) to a “specified statutory provision” is to a statutory provision which is specified for the purposes of that subsection by regulations or is of a description so specified.

(6) The power to specify a statutory provision for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.

Hospital in-patients

85. -(1) Regulations may provide as mentioned in either or both of the following paragraphs -

(a) that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2);

(b) that no amount in respect of personal independence payment which is attributable to entitlement to the mobility component is payable in respect of a person for a period when the person meets the condition in subsection (2).

(2) The condition is that the person is undergoing medical or other treatment as an in-patient at a hospital or similar institution in circumstances in which any of the costs of the treatment, accommodation and any related services provided for the person are borne out of public funds.

(3) For the purposes of subsection (2) the question of whether any of the costs of medical or other treatment, accommodation and related services provided for a person are borne out of public funds is to be determined in accordance with the regulations.

Prisoners

86. Except to the extent that regulations provide otherwise, no amount in respect of personal independence payment is payable in respect of a person for a period during which the person is undergoing imprisonment or detention in legal custody.

Supplementary
Claims, awards and information

87. -(1) A person is not entitled to personal independence payment for any period before the date on which a claim for it is made or treated as made by that person or on that person’s behalf.

(2) An award of personal independence payment is to be for a fixed term except where the person making the award considers that a fixed term award would be inappropriate.

(3) In deciding whether a fixed term award would be inappropriate, that person must have regard to guidance issued by the Department.

(4) Information supplied under this Part is to be taken for all purposes to be information relating to social security.

Report to the Assembly

88. The Department must lay before the Assembly an independent report on the operation of assessments under section 79 -

(a) within 2 years beginning with the date on which the first regulations under that section come into operation; and

(b) within 4 years beginning with that date.

General
Abolition of disability living allowance

89. Sections 71 to 76 of the Contributions and Benefits Act (disability living allowance) are repealed.

Amendments

90. Schedule 9 contains amendments relating to this Part.

Power to make supplementary and consequential provision

91. -(1) Regulations may make such consequential, supplementary or incidental provision in relation to any provision of this Part as the Department considers appropriate.

(2) Regulations under this section may amend, repeal, revoke or otherwise modify any statutory provision.

Transitional

92. -(1) Regulations may make such provision as the Department considers necessary or expedient in connection with the coming into operation of any provision of this Part.

(2) Schedule 10 (transitional provision for introduction of personal independence payment) has effect.

Regulations

93. -(1) A power to make regulations under this Part includes—

(a) power to make incidental, supplementary, consequential or transitional provision or savings;

(b) power to provide for a person to exercise a discretion in dealing with any matter.

(2) Except as provided by subsection (3), regulations made under this Part are subject to negative resolution.

(3) Regulations to which this subsection applies -

(a) must be laid before the Assembly after being made; and

(b) take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

(4) Subsection (3) applies to -

(a) the first regulations under section 77(4), 78(4) or 79;

(b) the first regulations under section 79 containing provision about assessment of persons under the age of 16.

(5) This subsection applies to any regulations made under this Part which -

(a) but for subsection (6), would be subject to negative resolution; and

(b) are contained in a statutory rule which includes any regulations subject to the confirmatory procedure.

(6) Any regulations to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(7) In this section, “the confirmatory procedure” means the procedure described in subsection (3).

Interpretation of Part 4

94. In this Part—

“daily living activities” has the meaning given by section 77(4);

“daily living component” means the daily living component of personal independence payment;

“mobility activities” has the meaning given by section 78(4);

“mobility component” means the mobility component of personal independence payment.

PART 5

SOCIAL SECURITY: GENERAL

Benefit cap
Benefit cap

95. -(1) Regulations may provide for a benefit cap to be applied to the welfare benefits to which a single person or couple is entitled.

(2) For the purposes of this section, applying a benefit cap to welfare benefits means securing that, where a single person’s or couple’s total entitlement to welfare benefits in respect of the reference period exceeds the relevant amount, their entitlement to welfare benefits in respect of any period of the same duration as the reference period is reduced by an amount up to or equalling the excess.

(3) In subsection (2) the “reference period” means a period of a prescribed duration.

(4) Regulations under this section may in particular—

(a) make provision as to the manner in which total entitlement to welfare benefits for any period, or the amount of any reduction, is to be determined;

(b) make provision as to the welfare benefit or benefits from which a reduction is to be made;

(c) provide for exceptions to the application of the benefit cap;

(d) make provision as to the intervals at which the benefit cap is to be applied;

(e) make provision as to the relationship between application of the benefit cap and any other reduction in respect of a welfare benefit;

(f) provide that where in consequence of a change in the relevant amount, entitlement to a welfare benefit increases or decreases, that increase or decrease has effect without any further decision of the Department;

(g) make supplementary and consequential provision.

(5) In this section the “relevant amount” is an amount specified in regulations.

(6) The amount specified under subsection (5) is to be determined by reference to estimated average earnings.

(7) In this section—

“couple” means two persons of a prescribed description;

“estimated average earnings” has the same meaning as in section 96 of the Welfare Reform Act 2012;

“single person” means a person who is not a member of a couple;

“welfare benefit” means any prescribed benefit, allowance, payment or credit.

(8) Regulations under subsection (7) may not prescribe as welfare benefits—

(a) state pension credit under the State Pension Credit Act (Northern Ireland) 2002, or

(b) retirement pensions under Part 2 or 3 of the Contributions and Benefits Act.

Benefit cap: supplementary

96. -(1) Except as provided by subsection (2), regulations under section 95 are subject to negative resolution.

(2) The first regulations under section 95 -

(a) must be laid before the Assembly after being made; and

(b) take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of 6 months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.

(3) In Schedule 2 to the Social Security (Northern Ireland) Order 1998 (decisions against which no appeal lies) after paragraph 8 there is inserted—

“Reduction on application of benefit cap

8A. A decision to apply the benefit cap in accordance with regulations under section 95 of the Welfare Reform Act (Northern Ireland) 2012.”.

Claims and awards
Claims and awards

97. -(1) Section 5(1) of the Administration Act (regulations about claims and payments) is amended as follows.

(2) In paragraph (d) (conditional awards), for the words from “the condition” to the end there is substituted—

“(i) the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or

(ii) other prescribed conditions;”.

(3) In paragraph (e), for “those requirements” there is substituted “the conditions referred to in paragraph (d)”.

(4) In paragraph (g) (claims made on behalf of another), after “applies” there is inserted “(including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly)”.

(5) In paragraph (k) (notice of change of circumstances etc), at the end there is inserted “or of any other change of circumstance of a prescribed description”.

Powers to require information relating to claims and awards

98. -(1) Section 5 of the Administration Act (regulations about claims and payments) is amended as follows.

(2) In subsection (1), paragraphs (h) and (hh) (powers to make provision requiring the furnishing of information or evidence) are repealed.

(3) After that subsection there is inserted—

“(1A) Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

(a) a claim or award relating to a benefit to which this section applies, or

(b) potential claims or awards relating to such a benefit.”.

(4) Subsection (2A) is repealed.

(5) In Article 22 of the Social Security (Northern Ireland) Order 1998 (suspension for failure to furnish information, etc), in paragraph (3), for “subsection (1)(hh) of section 5” there is substituted “section 5(1A)”.

Payments
Payments to joint claimants

99. In section 5 of the Administration Act (regulations about claims and payments), after subsection (2A) there is inserted—

“(2B) The power in subsection (1)(j) to make provision for the person to whom a benefit is to be paid includes, in the case of a benefit awarded to persons jointly, power to make provision for the Department to determine to which of them all or any part of a payment should be made, and in particular for the Department—

(a) to determine that payment should be made to whichever of those persons they themselves nominate, or

(b) to determine that payment should be made to one of them irrespective of any nomination by them.”.

Payments on account

100. -(1) In section 5(1) of the Administration Act (regulations about claims and payments), for paragraph (s) there is substituted—

“(s) for the making of a payment on account of such a benefit—

(i) in cases where it is impracticable for a claim to be made or determined immediately, or for an award to be determined or paid in full immediately,

(ii) in cases of need, or

(iii) in cases where the Department considers in accordance with prescribed criteria that the payment can reasonably be expected to be recovered;”.

(2) Section 18 of the Welfare Reform Act (Northern Ireland) 2010 (payments on account), which has not been brought into operation, is repealed.

Appeals
Power to require consideration of revision before appeal

101. -(1) The Social Security (Northern Ireland) Order 1998 is amended as follows.

(2) In Article 13 (appeal to appeal tribunal), in paragraph (2)—

(a) the words from “in relation to” to the end become sub-paragraph (a), and

(b) after that sub-paragraph there is inserted “, or

(b) where regulations under paragraph (3A) so provide.”.

(3) After paragraph (3) of that Article there is inserted—

“(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under paragraph (2) in relation to a decision only if the Department has considered whether to revise the decision under Article 10.

(3B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(3C) The references in paragraphs (3A) and (3B) to regulations and to the Department are subject to any statutory provision under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Department.”.

(4) After paragraph (5) of that Article there is inserted—

“(5A) Regulations may provide that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 10.”.

(5) In Article 75(2)(a) (confirmatory procedure for certain regulations) after “13(2)” there is inserted “or (3A)”.

(6) Schedule 11 contains similar amendments to other legislation.

(7) Subsection (8) applies where regulations under a provision mentioned in subsection (9) are made so as to have effect in relation to a limited area (by virtue of provision made under section 133(3)).

(8) Any power to make, in connection with those regulations, provision as respects decisions and appeals may be exercised so that that provision applies only in relation to the area mentioned in subsection (7).

(9) The provisions referred to in subsection (7) are—

(a) Article 13(3A) of the Social Security (Northern Ireland) Order 1998;

(b) paragraph (2A) of Article 22 of the Child Support (Northern Ireland) Order 1991 (as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000);

(c) paragraph (3A) of Article 22 of the Child Support (Northern Ireland) Order 1991 (as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000);

(d) Article 13(2A) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997;

(e) paragraph 6(5A) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

(f) section 5(1A) of the Mesothelioma, etc., Act (Northern Ireland) 2008.

Electronic communications
Electronic communications

102. -(1) In section 165 of the Administration Act (regulations and orders - general), after subsection (5) there is inserted—

“(5A) The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

(5B) For the purposes of subsection (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 1 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.”.

(2) In Article 74 of the Social Security (Northern Ireland) Order 1998 (regulations and orders), after paragraph (5) there is inserted—

“(5A) The provision referred to in paragraph (5) includes, in a case where regulations under this Order require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

(5B) For the purposes of paragraph (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 2 of that Act are to be read as references to regulations under this Order; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.”.

Recovery of benefits
Recovery of benefit payments

103. -(1) In the Administration Act, after section 69ZA there is inserted—

“Recovery of benefit payments
Recovery of overpayments of certain benefits

69ZB. -(1) The Department may recover any amount of the following paid in excess of entitlement—

(a) universal credit,

(b) jobseeker’s allowance,

(c) employment and support allowance, and

(d) except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002).

(2) An amount recoverable under this section is recoverable from—

(a) the person to whom it was paid, or

(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3) An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—

(a) reversed or varied on an appeal, or

(b) revised or superseded under Article 10 or Article 11 of the Social Security (Northern Ireland) Order 1998,

except where regulations otherwise provide.

(4) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(5) Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.

(6) In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

(7) An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—

(a) by deduction from benefit (section 69ZC);

(b) by deduction from earnings (section 69ZD);

(c) through the courts etc (section 69ZE);

(d) by adjustment of benefit (section 69ZF).

Deduction from benefit

69ZC. -(1) An amount recoverable from a person under section 69ZB may be recovered by deducting the amount from payments of prescribed benefit.

(2) Where an amount recoverable from a person under section 69ZB was paid to the person on behalf of another, subsection (1) authorises its recovery from the person by deduction—

(a) from prescribed benefits to which the person is entitled,

(b) from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by the person on whose behalf the recoverable amount was paid, or

(c) from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by any other person.

(3) Where an amount is recovered as mentioned in paragraph (b) of subsection (2), the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction.

(4) Where an amount is recovered as mentioned in paragraph (c) of subsection (2), the obligation specified in that paragraph shall in all cases be taken to be so discharged.

Deduction from earnings

69ZD. -(1) Regulations may provide for amounts recoverable under section 69ZB to be recovered by deductions from earnings.

(2) In this section “earnings” has such meaning as may be prescribed.

(3) Regulations under subsection (1) may include provision—

(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;

(b) requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;

(c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;

(d) as to how payment is to be made to the Department;

(e) as to a level of earnings below which earnings must not be reduced;

(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary’s earnings in respect of the employer’s administrative costs;

(g) requiring the employer to keep records of deductions;

(h) requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;

(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j) with respect to the priority as between a requirement to deduct from earnings under this section and—

(i) any other such requirement;

(ii) an order under any other statutory provision which requires deduction from the beneficiary’s earnings.

Court action etc

69ZE. -(1) An amount recoverable under section 69ZB is, if the county court so orders, recoverable as if it were payable under an order of that court.

(2) Any costs of the Department in recovering an amount of benefit under this section may be recovered by it as if they were amounts recoverable under section 69ZB.

Adjustment of benefit

69ZF. Regulations may for the purpose of the recovery of amounts recoverable under section 69ZB make provision—

(a) for treating any amount paid to a person under an award which it is subsequently determined was not payable—

(i) as properly paid, or

(ii) as paid on account of a payment which it is determined should be or should have been made,

and for reducing or withholding arrears payable by virtue of the subsequent determination;

(b) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—

(i) the other person is entitled to a payment for that period, or

(ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person,

and by reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

Recovery of payments on account

69ZG. -(1) The Department may recover any amount paid under section 5(1)(s) (payments on account).

(2) An amount recoverable under this section is recoverable from—

(a) the person to whom it was paid, or

(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(4) In the case of a payment on account of a benefit which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

(5) Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.

Recovery of hardship payments etc

69ZH. -(1) The Department may recover any amount paid by way of—

(a) a payment under section 28 of the Welfare Reform Act (Northern Ireland) 2012 (universal credit hardship payments) which is recoverable under that section,

(b) a payment under Article 21C of the Jobseekers Order (jobseeker’s allowance hardship payments) which is recoverable under that Article,

(c) a payment of a jobseeker’s allowance under paragraph 8 or 8A of Schedule 1 to that Order (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,

(d) a payment of a jobseeker’s allowance under paragraph 10 of that Schedule (claims yet to be determined etc) which is recoverable under that paragraph, or

(e) a payment which is recoverable under section 5B(5A)(d) or (7)(d), 6(2A)(d) or (4)(d), 7(3)(aa) or (4)(d) or 8(2A)(d) or (4)(d) of the Social Security Fraud Act (Northern Ireland) 2001.

(2) An amount recoverable under this section is recoverable from—

(a) the person to whom it was paid, or

(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(4) Where universal credit or a jobseeker’s allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.

(5) Sections 69ZC to 69ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.”.

(2) In section 69 of that Act (overpayments - general), in subsection (11)(ab), at the end there is inserted “excluding housing credit (see section 69ZB)”.

(3) In section 109A of that Act (penalty as alternative to prosecution), in subsection (1), after “69” there is inserted “, 69ZB”.

(4) In section 109B of that Act (penalty as alternative to prosecution: colluding employers, etc)—

(a) for subsection (4) there is substituted—

“(4) If the recipient of a notice under subsection (3) agrees, in the specified manner, to pay the penalty—

(a) the amount of the penalty shall be recoverable from the recipient by the Department or the Housing Executive; and

(b) no criminal proceedings shall be instituted against the recipient in respect of the conduct to which the notice relates.

(4A) Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable under subsection (4)(a) as to amounts recoverable by the Department under section 69ZB (and, where the notice is given by the Housing Executive, those sections so apply as if references to the Department were to the Housing Executive).”;

(b) in subsection (9), the definition of “relevant benefit” is repealed.

(5) In Schedule 1 to the Jobseekers Order (supplementary provision)—

(a) in paragraph 9, at the end there is inserted—

“(c) as to whether the whole or part of any amount of a jobseeker’s allowance which is payable as specified in paragraph (a) is recoverable.”;

(b) in paragraph 10, for sub-paragraph (5)(a) there is substituted—

“(a) as to whether the whole or part of any amount paid by virtue of sub-paragraph (1) or (2) is recoverable;”.

(6) In Article 13 of the Social Security (Northern Ireland) Order 1998 (appeal to appeal tribunal), in paragraph (4), after “69” there is inserted “, 69ZB, 69ZG, 69ZH”.

(7) In Schedule 3 to that Order (decisions against which an appeal lies), after paragraph 6 there is inserted—

“6A. A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) is recoverable under section 69ZB of the Administration Act.

6B. A decision as to the amount of payment recoverable under section 69ZB, 69ZG or 69ZH of the Administration Act.”.

Deduction from earnings: other cases

104. -(1) In section 69 of the Administration Act (overpayments - general), after subsection (9) there is inserted—

“(9A) Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) to be recovered by deductions from earnings.

(9B) In subsection (9A) “earnings” has such meaning as may be prescribed.

(9C) Regulations under subsection (9A) may include provision—

(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;

(b) requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;

(c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;

(d) as to how payment is to be made to the Department;

(e) as to a level of earnings below which earnings must not be reduced;

(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary’s earnings in respect of the employer’s administrative costs;

(g) requiring the employer to keep records of deductions;

(h) requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;

(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j) with respect to the priority as between a requirement to deduct from earnings under this section and—

(i) any other such requirement;

(ii) an order under any other statutory provision which requires deduction from the beneficiary’s earnings.”.

(2) In section 69ZA of that Act (overpayments out of the social fund), before subsection (3) there is inserted—

“(2A) Subsection (9A) of section 69 as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.”.

(3) In section 73 of that Act (overpayments of housing benefit), at the end there is inserted—

“(8) Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.

(9) In subsection (8) “earnings” has such meaning as may be prescribed.

(10) Regulations under subsection (8) may include provision—

(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department, the Department of Finance and Personnel or the Housing Executive;

(b) requiring the employer, on being served with a notice by the Department, the Department of Finance and Personnel or the Housing Executive, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department, the Department of Finance and Personnel or the Housing Executive;

(c) as to the matters to be contained in such a notice and the period for which a notice is to have effect;

(d) as to how payment is to be made to the Department, the Department of Finance and Personnel or the Housing Executive;

(e) as to a level of earnings below which earnings must not be reduced;

(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary’s earnings in respect of the employer’s administrative costs;

(g) requiring the employer to keep records of deductions;

(h) requiring the employer to notify the Department, the Department of Finance and Personnel or the Housing Executive if the beneficiary is not, or ceases to be, employed by the employer;

(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j) with respect to the priority as between a requirement to deduct from earnings under this section and—

(i) any other such requirement;

(ii) an order under any other statutory provision which requires deduction from the beneficiary’s earnings.”.

(4) In section 74 of that Act (recovery of social fund awards), after subsection (3A) there is inserted—

“(3B) Regulations may provide for amounts recoverable under subsection (1) from a person specified in subsection (3) to be recovered by deductions from earnings.

(3C) In subsection (3B) “earnings” has such meaning as may be prescribed.

(3D) Regulations under subsection (3B) may include provision referred to in section 69(9C).”.

Application of the Limitation (Northern Ireland) Order 1989

105. -(1) Article 2 of the Limitation (Northern Ireland) Order 1989 (interpretation) is amended as follows.

(2) In paragraph (2), in the definition of “action”, at the end there is inserted “(and see paragraph (11))”.

(3) At the end there is inserted—

“(11) References in this Order to an action do not include any method of recovery of a sum recoverable under—

(a) Part 3 of the Social Security Administration (Northern Ireland) Act 1992,

(b) section 126(c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or

(c) Part 1 of the Tax Credits Act 2002,

other than a proceeding in a court of law.”.

(4) The amendments made by this section have effect as if they had come into operation at the same time as Article 2 of the Limitation (Northern Ireland) Order 1989, except for the purposes of proceedings brought before the coming into operation of this section.

Investigation and prosecution of offences
Powers to require information relating to investigations

106. In section 103B of the Administration Act (power to require information), in subsection (2)—

(a) after paragraph (i) (but before the final “and”) there is inserted—

“(ia) a person of a prescribed description;”;

(b) in paragraph (j), for “(i)” there is substituted “(ia)”.

Time limits for legal proceedings

107. In section 110 of the Administration Act (legal proceedings), in subsection (2)—

(a) in paragraph (a), for “other than an offence relating to housing benefit” there is substituted “(other than proceedings to which paragraph (b) applies)”;

(b) in paragraph (b), after “proceedings” there is inserted “brought by the Department of Finance and Personnel or the Housing Executive”.

Prosecution powers of the Housing Executive

108. -(1) The Administration Act is amended as follows.

(2) After section 110 there is inserted—

“Housing Executive powers to prosecute housing benefit fraud

110ZA. -(1) The Housing Executive may not bring proceedings against a person for a benefit offence relating to housing benefit unless—

(a) the Housing Executive has already started an investigation in relation to that person in respect of the offence,

(b) the proceedings arise in prescribed circumstances or are of a prescribed description, or

(c) the Department has directed that the Housing Executive may bring the proceedings.

(2) The Department may direct that in prescribed circumstances the Housing Executive may not bring proceedings by virtue of subsection (1)(a) despite the requirements in that provision being met.

(3) A direction under subsection (1)(c) or (2) may relate to particular proceedings or any description of proceedings.

(4) If the Department prescribes conditions for the purposes of this section, the Housing Executive may bring proceedings in accordance with this section only if any such condition is satisfied.

(5) The Department may continue proceedings which have been brought by the Housing Executive in accordance with this section as if the proceedings had been brought in the Department’s name or it may discontinue the proceedings if—

(a) the proceedings were brought by virtue of subsection (1)(a),

(b) the Department makes provision under subsection (1)(b) which has the effect that the Housing Executive would no longer be entitled to bring the proceedings in accordance with this section,

(c) the Department withdraws a direction under subsection (1)(c) in relation to the proceedings, or

(d) a condition prescribed under subsection (4) ceases to be satisfied in relation to the proceedings.

(6) In exercising a power to bring proceedings in accordance with this section, the Housing Executive must have regard to the code of practice for prosecutors published by the Director of Public Prosecutions for Northern Ireland under section 37 of the Justice (Northern Ireland) Act 2002—

(a) in determining whether the proceedings should be instituted;

(b) in determining what charges should be preferred;

(c) in considering what representations to make to a magistrates’ court about mode of trial;

(d) in determining whether to discontinue proceedings.

(7) Regulations shall define “an investigation in respect of a benefit offence” for the purposes of this section.”.

(3) Section 110A (Housing Executive powers to prosecute benefit fraud) (as inserted by section 43 of the Welfare Reform Act (Northern Ireland) 2007) is amended as follows.

(4) In the heading, after “prosecute” there is inserted “other”.

(5) In subsection (2)—

(a) for “unless” there is substituted “only if”;

(b) in paragraph (b), for “must not”, there is substituted “may”.

(6) In subsection (4)(b), for “gives” there is substituted “withdraws”.

Penalties as alternative to prosecution
Penalty in respect of benefit fraud not resulting in overpayment

109. -(1) Section 109A of the Administration Act (penalty as alternative to prosecution) is amended as follows.

(2) After subsection (1) there is inserted—

“(1A) This section also applies where—

(a) it appears to the Department or the Housing Executive that there are grounds for instituting proceedings against a person for an offence (under this Act or any other statutory provision) relating to an act or omission on the part of that person in relation to any benefit, and

(b) if an overpayment attributable to the act or omission had been made, the overpayment would have been recoverable from the person by, or due from the person to, the Department or the Housing Executive under or by virtue of section 69, 69ZB, 69A or 73.”.

(3) In subsection (2)(a) for “such proceedings” there is substituted “proceedings referred to in subsection (1) or (1A)”.

(4) In subsection (4)—

(a) in paragraph (a), after “is” there is inserted “or would have been”;

(b) in paragraph (b), at the end there is inserted “or to the act or omission referred to in subsection (1A)(a).”.

(5) In subsections (6) and (7), at the beginning there is inserted “In a case referred to in subsection (1)”.

(6) In subsection (7B)(a), after “is”, in both places, there is inserted “or would have been”.

(7) In subsection (8) after “subsection (1)(a)” there is inserted “or (1A)(b)”.

(8) In the Social Security Fraud Act (Northern Ireland) 2001—

(a) in section 5B(1)(b), the words “by reference to an overpayment” are repealed and for “the offence mentioned in subsection (1)(b) of the appropriate penalty provision” there is substituted “the offence to which the notice relates”;

(b) in sections 5C(2)(b) and (3), 7(7)(b) and (8) and 8(7)(b) and (8), for “the overpayment” there is substituted “any overpayment made”.

Amount of penalty

110. -(1) In section 109A of the Administration Act (penalty as alternative to prosecution), for subsection (3) there is substituted—

“(3) The amount of the penalty in a case falling within subsection (1) is 50 per cent. of the amount of the overpayment (rounded down to the nearest whole penny), subject to—

(a) a minimum amount of £350, and

(b) a maximum amount of £2000.

(3A) The amount of the penalty in a case falling within subsection (1A) is £350.

(3B) The Department may by order amend—

(a) the percentage for the time being specified in subsection (3);

(b) any figure for the time being specified in subsection (3)(a) or (b) or (3A).”.

(2) In section 166 of the Administration Act (Assembly, etc. control of orders and regulations), in subsection (2), before paragraph (a) there is inserted -

“(za) to any order made under section 109A(3B);”.

Period for withdrawal of agreement to pay penalty

111. -(1) The Administration Act is amended as follows.

(2) In section 109A (penalty as alternative to prosecution), in subsection (5) (cooling-off period), for “28” there is substituted “14”.

(3) In section 109B (penalty as alternative to prosecution: colluding employers, etc), in subsection (6) (cooling-off period), for “28” there is substituted “14”.

Civil penalties
Civil penalties for incorrect statements and failures to disclose information

112. -(1) The Administration Act is amended as follows.

(2) After section 109B there is inserted—

“Civil penalties
Incorrect statements etc

109C. -(1) This section applies where—

(a) a person negligently makes an incorrect statement or representation, or negligently gives incorrect information or evidence—

(i) in or in connection with a claim for a relevant social security benefit, or

(ii) in connection with an award of a relevant social security benefit,

(b) the person fails to take reasonable steps to correct the error,

(c) the error results in the making of an overpayment, and

(d) the person has not been charged with an offence or cautioned, or been given a notice under section 109A, in respect of the overpayment.

(2) A penalty of a prescribed amount may be imposed by the appropriate authority—

(a) in any case, on the person;

(b) in a case where the person (“A”) is making, or has made, a claim for the benefit for a period jointly with another (“B”), on B instead of A.

(3) Subsection (2)(b) does not apply if B was not, and could not reasonably be expected to have been, aware that A had negligently made the incorrect statement or representation or given the incorrect information or evidence.

(4) A penalty imposed under subsection (2) is recoverable by the appropriate authority from the person on whom it is imposed.

(5) Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Department under section 69ZB (and, where the appropriate authority is not the Department, those sections so apply as if references to the Department were to that authority).

(6) In this section and section 109D—

“appropriate authority” means—

(a) the Department, or

(b) the Housing Executive;

“overpayment” has the meaning given in section 109A(8), and the reference to the making of an overpayment is to be construed in accordance with that provision;

“relevant social security benefit” has the meaning given in section 115CA(7).

Failure to disclose information

109D. -(1) A penalty of a prescribed amount may be imposed on a person by the appropriate authority where—

(a) the person, without reasonable excuse, fails to provide information or evidence in accordance with requirements imposed on the person by the appropriate authority in connection with a claim for, or an award of, a relevant social security benefit,

(b) the failure results in the making of an overpayment, and

(c) the person has not been charged with an offence or cautioned, or been given a notice under section 109A, in respect of the overpayment.

(2) A penalty of a prescribed amount may be imposed on a person by the appropriate authority where—

(a) the person, without reasonable excuse, fails to notify the appropriate authority of a relevant change of circumstances in accordance with requirements imposed on the person under relevant social security legislation,

(b) the failure results in the making of an overpayment, and

(c) the person has not been charged with an offence or cautioned, or been given a notice under section 109A, in respect of the overpayment.

(3) Where a person is making, or has made, a claim for a benefit for a period jointly with another, and both of them fail as mentioned in subsection (1) or (2), only one penalty may be imposed in respect of the same overpayment.

(4) A penalty imposed under subsection (1) or (2) is recoverable by the appropriate authority from the person on whom it is imposed.

(5) Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Department under section 69ZB (and, where the appropriate authority is not the Department, those sections so apply as if references to the Department were to that authority).

(6) In this section “relevant change of circumstances”, in relation to a person, means a change of circumstances which affects any entitlement of the person to any benefit or other payment or advantage under any provision of the relevant social security legislation.”.

(3) In section 109B (penalty as alternative to prosecution: colluding employers, etc.), in subsection (9), the definition of “the Department” is repealed.

(4) In section 166 (Assembly, etc. control of orders and regulations), in subsection (2), before paragraph (a) there is inserted -

“(zb) to any regulations made under section 109C(2) or 109D(1) or (2);”.

(5) In section 167(1) (interpretation), in the definition of “the Department”, in paragraph (a), for “109A” there is substituted “109A to 109D”.

Loss of benefit
Benefit offences: period of sanction

113. -(1) The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.

(2) Section 5B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.

(3) In subsection (11), for “the period of four weeks” there is substituted “the relevant period”.

(4) After subsection (11) there is inserted—

“(11A) For the purposes of subsection (11) the relevant period is—

(a) in a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,

(b) in a case falling within subsection (1)(a) (but not within paragraph (a) above)), the period of 13 weeks, or

(c) in a case falling within subsection (1)(b) or (c), the period of four weeks.”.

(5) After subsection (13) there is inserted—

“(14) In this section and section 6 “relevant offence” means—

(a) the common law offence of conspiracy to defraud, or

(b) a prescribed offence which, in the offender’s case, is committed in such circumstances as may be prescribed, and which, on conviction—

(i) is found by the court to relate to an overpayment (as defined in section 109A(8) of the Administration Act) of at least £50,000,

(ii) is punished by a custodial sentence of at least one year (including a suspended sentence as defined in section 33(1) of the Treatment of Offenders Act (Northern Ireland) 1968), or

(iii) is found by the court to have been committed over a period of at least two years.”.

(6) After subsection (14) (inserted by subsection (5)) there is inserted—

“(15) The Department may by order amend subsection (11A)(a), (b) or (c), or (14)(b)(i), (ii) or (iii) to substitute a different period or amount for that for the time being specified there.”.

(7) In section 6 (loss of benefit for second or subsequent conviction of benefit offence), after subsection (1) there is inserted—

“(1A) The following restrictions do not apply if the benefit offence referred to in subsection (1)(a), or any of them, is a relevant offence.”.

(8) In section 10 (loss of benefit regulations)—

(a) in the heading, after “benefit” there is inserted “orders and”;

(b) in subsection (3) after paragraph (d) there is inserted “or

(e) a provision prescribing an offence under section 5B(14)(b),”;

(c) after subsection (3) there is inserted -

“(3A) An order under section 5B(15) shall be subject to the confirmatory procedure.

(3B) In this section “the confirmatory procedure” means the procedure described in subsection (3).”;

(d) in subsection (4) after “make”, in both places, there is inserted “an order or”.

Benefit offences: sanctions for repeated benefit fraud

114. -(1) The Social Security Fraud Act (Northern Ireland) 2001 is amended as follows.

(2) In section 5B (loss of benefit in case of conviction, penalty or caution for benefit offence), in subsection (3) for “later” there is substituted “current”.

(3) Section 6 (loss of benefit for second or subsequent conviction of benefit offence) is amended as follows.

(4) In the heading, for “second or subsequent conviction of benefit offence” there is substituted “repeated benefit fraud”.

(5) For subsection (1)(a) to (e) there is substituted—

“(a) a person (“the offender”) is convicted of one or more benefit offences in a set of proceedings (“the current set of proceedings”),

(b) within the period of five years ending on the date on which the benefit offence was, or any of them were, committed, one or more disqualifying events occurred in relation to the offender (the event, or the most recent of them, being referred to in this section as “the earlier disqualifying event”),

(c) the current set of proceedings has not been taken into account for the purposes of any previous application of this section or section 7 or 8 in relation to the offender or any person who was then a member of the offender’s family,

(d) the earlier disqualifying event has not been taken into account as an earlier disqualifying event for the purposes of any previous application of this section or either of those sections in relation to the offender or any person who was then a member of the offender’s family, and

(e) the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period,”.

(6) In subsection (6), for the words from “in relation to” to the end, there is substituted “in an offender’s case, means the relevant period beginning with a prescribed date falling after the date of the conviction in the current set of proceedings”.

(7) After that subsection there is inserted—

“(6A) For the purposes of subsection (6) the relevant period is—

(a) in a case where, within the period of five years ending on the date on which the earlier disqualifying event occurred, a previous disqualifying event occurred in relation to the offender, the period of three years;

(b) in any other case, 26 weeks.”.

(8) After subsection (7) there is inserted—

“(7A) Subsection (7B) applies where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of this section in relation to that person—

(a) P’s agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision,

(b) it is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that any overpayment to which the agreement relates is not recoverable or due, or

(c) the amount of any overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 and there is no new agreement by P to pay a penalty under the appropriate penalty provision in relation to the revised overpayment.

(7B) In those circumstances, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed if P had not agreed to pay the penalty.”.

(9) In subsection (8), the following definitions are inserted at the appropriate places—

““appropriate penalty provision” has the meaning given in section 5B(2)(a);”;

““disqualifying event” has the meaning given in section 5B(13).”.

(10) After that subsection there is inserted—

“(8A) Where a person is convicted of more than one benefit offence in the same set of proceedings, there is to be only one disqualifying event in respect of that set of proceedings for the purposes of this section and—

(a) subsection (1)(b) is satisfied if any of the convictions take place in the five year periods mentioned there;

(b) the event is taken into account for the purposes of subsection (1)(d) if any of the convictions have been taken into account as mentioned there;

(c) in the case of the earlier disqualifying event mentioned in subsection (6A)(a), the reference there to the date on which the earlier disqualifying event occurred is a reference to the date on which any of the convictions take place;

(d) in the case of the previous disqualifying event mentioned in subsection (6A)(a), that provision is satisfied if any of the convictions take place in the five year period mentioned there.”.

 

(11) After subsection (10) there is inserted—

“(11) The Department may by order amend subsection (6A) to substitute different periods for those for the time being specified there.

(12) An order under subsection (11) may provide for different periods to apply according to the type of earlier disqualifying event or events occurring in any case.”.

(12) In section 10 (loss of benefit regulations), in subsection (3A) (as inserted by section 113(8)(c)), after “5B(15)” there is inserted “or 6(11)”.

Cautions

115. In section 5B of the Social Security Fraud Act (Northern Ireland) 2001 (loss of benefit in case of conviction, penalty or caution for benefit offence) -

(a) in the heading, for “, penalty or caution” there is substituted “or penalty”;

(b) in subsection (1), after paragraph (a) there is inserted “or”;

(c) subsection (1)(c) (cautions) and the preceding “or” are repealed;

(d) in subsection (13), in the definition of “disqualifying event”, for “(1)(a),” there is substituted “(1)(a) or”.

Information-sharing
Information-sharing in relation to provision of overnight care etc

116. -(1) This section applies where a relevant body holds information falling within subsection (2) in relation to a person who is receiving or is likely to receive a relevant service.

(2) The information referred to in subsection (1) is—

(a) information as to the fact of the provision or likely provision of the service;

(b) information about when the provision of the service begins or ends or is likely to do so;

(c) other prescribed information relating to the service provided and how it is funded (including the extent to which it is funded by the recipient).

(3) In this section “relevant service” means—

(a) a service consisting of overnight care in the individual’s own home provided by or on behalf of a relevant body;

(b) a residential care service provided by or on behalf of a relevant body;

(c) a service consisting of overnight accommodation in a hospital provided by a Health and Social Care Trust.

(4) In subsection (3)(c) “hospital” means hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 but excluding an institution for providing dental treatment maintained in connection with a dental school.

(5) The relevant body may supply the information to a person specified in subsection (6) for purposes relating to the payment of a relevant benefit to the individual.

(6) The persons referred to in subsection (5) are—

(a) the Department;

(b) a person providing services to the Department;

(c) the Housing Executive or the Department of Finance and Personnel;

(d) a person authorised to exercise any function of the Housing Executive or that Department relating to a relevant benefit;

(e) a person providing services relating to a relevant benefit to the Housing Executive or that Department.

(7) In this section “relevant benefit” means—

(a) universal credit;

(b) housing benefit;

(c) any prescribed benefit.

(8) In this section and section 117 -

“the Housing Executive” means the Northern Ireland Housing Executive;

“relevant body” means -

(a) a Health and Social Care trust;

(b) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

Information-sharing in relation to welfare services etc

117. -(1) The Department, or a person providing services to the Department, may supply relevant information to a qualifying person for prescribed purposes relating to welfare services or rates.

(2) A qualifying person who holds relevant information for a prescribed purpose relating to welfare services may supply that information to—

(a) the Department, or

(b) a person providing services to the Department,

for a prescribed purpose relating to a relevant social security benefit.

(3) A qualifying person who holds relevant information for a prescribed purpose relating to welfare services, housing benefit or rates may—

(a) use the information for another prescribed purpose relating to welfare services, housing benefit or rates;

(b) supply it to another qualifying person for use in relation to the same or another prescribed purpose relating to welfare services, housing benefit or rates.

(4) Relevant information supplied under subsection (1) or (3) to a qualifying person may be supplied by that person to a person who provides qualifying welfare services for purposes connected with the provision of those services.

(5) In subsection (4) services are qualifying welfare services if—

(a) a relevant body, or

(b) a person who is a qualifying person by virtue of subsection (7)(m),

contributes or will contribute to the expenditure incurred in their provision.

(6) Subsections (1) to (4) do not apply in a case where the supply or use of information is authorised by section 116.

(7) In this section “qualifying person” means—

(a) a relevant body;

(b) the Department of Education;

(c) an education and library board;

(d) the Department for Regional Development;

(e) the Housing Executive;

(f) a person authorised to exercise any function of any of the persons specified in paragraphs (a) to (e) relating to welfare services;

(g) a person providing to any of the persons specified in paragraphs (a) to (e) services relating to welfare services;

(h) DFP;

(i) a person authorised to exercise any function of DFP or the Housing Executive relating to rates;

(j) a person providing to DFP or the Housing Executive services relating to rates;

(k) a person authorised to exercise any function of DFP or the Housing Executive relating to housing benefit;

(l) a person providing to DFP or the Housing Executive services relating to housing benefit;

(m) a prescribed person or a person of a prescribed description.

(8) In this section -

“DFP” means the Department of Finance and Personnel;

“relevant information” means information relating to -

(a) any relevant social security benefit, or

(b) welfare services;

“relevant social security benefit” has the meaning given in section 115CA(7) of the Administration Act;

“welfare services” includes -

(a) services which provide accommodation, support, assistance, advice or counselling to individuals with particular needs,

(b) any other prescribed services,

and for these purposes “assistance” includes assistance by means of a grant or loan or the provision of goods or services.

Unlawful disclosure of information

118. -(1) A person to whom subsection (2) applies is guilty of an offence if the person discloses without lawful authority any information—

(a) which comes to the person by virtue of section 117(1), (3) or (4), and

(b) which relates to a particular person.

(2) This subsection applies to—

(a) a person mentioned in section 117(7)(a), (c), (e), (f), (g), (i) and (j);

(b) a person who provides qualifying welfare services (within the meaning of section 117);

(c) a person who is or has been a director, member of the committee of management, manager, secretary or other similar officer of a person mentioned in paragraph (a) or (b);

(d) a person who is or has been an employee of a person mentioned in paragraph (b) or section 117(7)(a) to (j).

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both, or

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

(4) It is not an offence under this section—

(a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(5) It is a defence for a person (“D”) charged with an offence under this section to prove that at the time of the alleged offence—

(a) D believed that D was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b) D believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(6) A disclosure is made with lawful authority if it is so made for the purposes of section 117 of the Administration Act.

(7) This section does not affect that section.

(8) Regulations under section 117(7)(m) may include provision for applying the provisions of this section to—

(a) a person who is a qualifying person within the meaning of section 117 by virtue of the regulations, or

(b) a person associated with such a qualifying person by reason of the person’s office or employment or otherwise.

Sections 116 to 118: supplementary

119. -(1) In sections 116 and 117, “benefit” includes any allowance, payment, credit or loan.

(2) Any power to make regulations under sections 116 and 117 includes power -

(a) without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954, to make different provision for different areas;

(b) to make such incidental, supplemental, consequential, transitional or saving provision as the Department thinks necessary or expedient.

(3) Regulations made under section 116 or 117 are subject to negative resolution.

(4) Sections 39 (information relating to certain benefits) and 40 (unlawful disclosure of certain information) of the Welfare Reform Act (Northern Ireland) 2007 are repealed but this is subject to subsection (5).

(5) Notwithstanding subsection (4), the following provisions of that Act continue to have effect -

(a) section 39 insofar as it permits the use, supply or provision by any person of information which came to that person, by virtue of subsection (1), (2) or (5) of that section, before the day on which subsection (4) comes into operation;

(b) section 40 insofar as it relates to the disclosure by any person of such information.

Information-sharing for social security or employment purposes etc

120. In Article 69 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (supply of information for certain purposes), in paragraph (2)(b), after “designated” there is inserted “(specifically or by description)”.

PART 6

MISCELLANEOUS

Child support maintenance
Supporting maintenance agreements

121. -(1) In Article 11 of the Child Support (Northern Ireland) Order 1991 (maintenance agreements), after paragraph (2) there is inserted—

“(2A) The Department may, with a view to reducing the need for applications under Article 7—

(a) take such steps as it considers appropriate to encourage the making and keeping of maintenance agreements, and

(b) in particular, before accepting an application under that Article, invite the applicant to consider with the Department whether it is possible to make such an agreement.”.

(2) In Schedule 2 to the Child Maintenance Act (Northern Ireland) 2008 (maintenance calculations: transfer of cases to new rules), in paragraph 3, after sub-paragraph (2) there is inserted—

“(3) The Department may before accepting an application required by provision under sub-paragraph (2)(b) invite the applicant to consider with the Department whether it is possible to make a maintenance agreement (within the meaning of Article 11 of the Child Support Order).”.

Collection of child support maintenance

122. -(1) The Child Support (Northern Ireland) Order 1991 is amended as follows.

(2) In Article 7 (child support maintenance)—

(a) in paragraph (2), the words from “or” to “made” are repealed;

(b) after paragraph (2) there is inserted—

“(2A) The Department may only make arrangements under paragraph (2)(a) if—

(a) the non-resident parent agrees to the arrangements, or

(b) the Department is satisfied that without the arrangements child support maintenance is unlikely to be paid in accordance with the calculation.”.

(3) In Article 29 (collection of child support maintenance), in paragraph (1) after “may” there is inserted “(subject to Article 7(2A))”.

Indicative maintenance calculations

123. After Article 11 of the Child Support (Northern Ireland) Order 1991 there is inserted—

“Maintenance agreements: indicative calculations

11A. -(1) A person with care or non-resident parent in relation to any qualifying child or qualifying children may apply to the Department for an indicative calculation with respect to that child or any of those children.

(2) An indicative calculation is a calculation of the amount of child support maintenance which the Department considers would in accordance with Article 13 be fixed by a maintenance calculation if such a calculation were made with respect to the child or children in question.

(3) An indicative calculation does not create any liability on any person to pay child support maintenance.

(4) The Department may limit the number of applications it will accept under this Article in any particular case in such manner as it thinks fit.

(5) Where a person who is alleged to be the parent of a child with respect to whom an application for an indicative calculation has been made denies being one of the child’s parents, the Department shall not make the indicative calculation on the assumption that the person is one of the child’s parents unless the case falls within paragraph (b) of Case A3 in Article 27(2).”.

Recovery of child support maintenance by deduction from benefit

124. In Article 40 of the Child Support (Northern Ireland) Order 1991 (as substituted by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000), for paragraphs (1) and (2) there is substituted -

“(1) The power of the Department to make regulations under section 5 of the Social Security Administration (Northern Ireland) Act 1992 by virtue of subsection (1)(q) of that section may be exercised with a view to securing the making of payments in respect of child support maintenance by a non-resident parent.

(2) The reference in paragraph (1) to the making of payments in respect of child support maintenance includes the recovery of -

(a) arrears of child support maintenance; and

(b) fees payable under section 3 of the Child Maintenance Act (Northern Ireland) 2008.”.

Fees

125. -(1) Section 3 of the Child Maintenance Act (Northern Ireland) 2008 (fees) is amended as follows.

(2) In subsection (2) -

(a) in paragraph (d ), at the end there is inserted “(including provision for the apportionment of fees and the matters to be taken into account in determining an apportionment)”;

(b) in paragraph (g) “waiver,” is repealed;

(c) after paragraph (g) there is inserted -

“(h) about waiver of fees (including the matters to be taken into account in determining a waiver).”.

(3) After subsection (3) there is inserted -

“(3A) The Department must review the effect of the first regulations made under subsection (1).

(3B) The review must take place before the end of the period of 30 months beginning with the day on which those regulations come into operation.

(3C) After the review, the Department must make and publish a report containing -

(a) the conclusions of the review; and

(b) a statement as to what the Department proposes to do in view of those conclusions.

(3D) The report must be laid before the Assembly by the Department.”.

Exclusion from individual voluntary arrangements

126. In the Insolvency (Northern Ireland) Order 1989, in Article 9 (interpretation), at the end there is inserted -

“(5) Liability under the Child Support (Northern Ireland) Order 1991 to pay child support maintenance to any person is not a debt or liability for the purposes of Part 8.”.

Employment and training
Use of jobcentres by sex industry

127. In the Employment and Training Act (Northern Ireland) 1950, after section 1 (duty of Department to make arrangements as to employment and training) there is inserted—

“Restriction on section 1 arrangements: sex industry

1A. -(1) Arrangements made by the Department under section 1 may not include arrangements in respect of employment for sexual purposes.

(2) For the purposes of this section employment is for sexual purposes if—

(a) it involves the employee engaging in an activity, and

(b) the employee’s activity, or the way in which it is performed, may reasonably be assumed to be intended solely or principally to stimulate one or more other persons sexually (by whatever means).

(3) The Department may by order subject to negative resolution specify exceptions to subsection (1).”.

Reduced dog licence fees for those in receipt of income-related benefits
Reduced fee for dog licences

128. -(1) The Dogs (Northern Ireland) Order 1983 is amended as follows.

(2) In Article 7 (fees for dog licences) -

(a) for paragraph (3)(b) there is substituted -

“(b) a licence issued to a person who at the time of the application for the licence is -

(i) in receipt of an income-related benefit, or

(ii) a member of a couple in receipt of an income-related benefit;”.

(b) after paragraph (9), there is inserted -

“(10) In this Article “income-related benefit” means -

(a) universal credit under the Welfare Reform Act (Northern Ireland) 2012;

(b) state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

(c) income support under section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(d) housing benefit under section 129 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(e) income-based jobseekers allowance under the Jobseeker’s (Northern Ireland) Order 1995;

(f) income-related employment and support allowance under the Welfare Reform Act (Northern Ireland) 2007;

(g) working tax credit under the Tax Credits Act 2002.”.

Orders of Secretary of State under Administration Act
Orders of Secretary of State under Administration Act

129. In section 165 of the Administration Act -

(a) in subsection (1) after “to be made by” insert “the Secretary of State,”;

(b) in subsection (3) after “the Department” insert “, the Secretary of State”.

Rate relief schemes: application of housing benefit law
Rate relief schemes: application of housing benefit law

130. In Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief scheme in respect of dwellings) in paragraph (3) for sub-paragraph (a) substitute -

“(a) provision for purposes corresponding to those of any statutory provision -

(i) which has any application in relation to housing benefit; or

(ii) which, at any time specified in the regulations (being a time before the coming into operation of the regulations), had any application in relation to housing benefit;”.

PART 7

FINAL

Repeals

131. Schedule 12 contains consequential repeals.

General interpretation

132. In this Act -

“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.

Commencement

133. -(1) The following provisions of this Act come into operation on the day after Royal Assent -

(a) section 45(1) and (2) and 46 to 48 (jobseeker’s allowance: claimant responsibilities for interim period);

(b) section 51 (dual entitlement to employment and support allowance and jobseeker’s allowance);

(c) section 57 (hardship payments);

(d) section 59 (entitlement of lone parents to income support);

(e) sections 71 and 72 (social fund: purposes of discretionary payments and determination of amount or value of budgeting loan);

(f) section 103(1) (recovery of benefit payments) to the extent that it inserts -

(i) section 69ZC(1) (deduction from benefit) of the Administration Act, for the purpose of prescribing under section 69ZC(1) the benefits from which deductions may be made in order to recover the penalties;

(ii) sections 69ZC(1) (deduction from benefit) and 69ZE (court action) of the Administration Act, for the purpose of enabling recovery of the penalties to take place by those methods;

(iii) section 69ZD (deduction from earnings) of the Administration Act;

(g) section 103(4) (amendments to section 109B of the Administration Act);

(h) section 104 (deductions from earnings: other cases);

(i) section 105 (application of Limitation (Northern Ireland) Order 1989) (but see section 105(4));

(j) section 107 (time limits for legal proceedings);

(k) section 109 to 111 (penalties as alternative to prosecution);

(l) section 112 (civil penalties for incorrect statements and failures to disclose information);

(m) sections 116 to 120 (information sharing);

(n) section 126 (exclusion of child support maintenance from individual voluntary arrangements);

(o) section 127 (use of jobcentres by sex industry);

(p) section 128 (reduced fee for dog licences);

(q) section 129 (orders of Secretary of State);

(r) section 130 (rate relief schemes in respect of dwellings);

(s) section 132 (interpretation), this section and section 134 (short title);

(t) in Schedule 7, paragraphs 1, 2, 3, 5 to 8, 9(1) and (4), 11 and 13(1) and (2)(c) and section 49 so far as relating thereto (consequential amendments relating to sections 45 to 47);

(u) in Schedule 12 -

(i) Parts 2 and 12, and

(ii) Part 3 except in so far as relating to the entry relating to Article 2(2) of the Jobseekers Order,

and section 131 so far as relating thereto (repeals).

(2) The remaining provisions of this Act come into operation on such day or days as the Department may by order appoint.

(3) An order under subsection (2) may appoint different days for different areas in relation to—

(a) any provision of Part 1 (universal credit) or of Part 1 of Schedule 12;

(b) section 61 or 62 (entitlement to work: jobseeker’s allowance and employment and support allowance);

(c) section 101 (consideration of revision before appeal).

(4) An order under subsection (2) may make such transitory or transitional provision, or savings, as the Department considers necessary or expedient.

(5) In subsection (1)(f) “the penalties” means the penalties mentioned in -

(a) section 109B(4) (administrative penalties: colluding employers) of the Administration Act (as substituted by section 103(4)(a) of this Act);

(b) section 109C(4) (incorrect statements etc) of the Administration Act (as inserted by section 112(2) of this Act); and

(c) section 109D(4) (failure to disclose information) of the Administration Act (as inserted by section 112(2) of this Act).

Short title

134. This Act may be cited as the Welfare Reform Act (Northern Ireland) 2012.

SCHEDULES

Section 31.

SCHEDULE 1

Universal credit: supplementary regulation-making powers

Entitlement of joint claimants

1. Regulations may provide for circumstances in which joint claimants may be entitled to universal credit without each of them meeting all the basic conditions referred to in section 4.

Linking periods

2. Regulations may provide for periods of entitlement to universal credit which are separated by no more than a prescribed number of days to be treated as a single period.

Couples

3. -(1) Regulations may provide—

(a) for a claim made by members of a couple jointly to be treated as a claim made by one member of the couple as a single person (or as claims made by both members as single persons);

(b) for claims made by members of a couple as single persons to be treated as a claim made jointly by the couple.

(2) Regulations may provide—

(a) where an award is made to joint claimants who cease to be entitled to universal credit as such by ceasing to be a couple, for the making of an award (without a claim) to either or each one of them—

(i) as a single person, or

(ii) jointly with another person;

(b) where an award is made to a single claimant who ceases to be entitled to universal credit as such by becoming a member of a couple, for the making of an award (without a claim) to the members of the couple jointly;

(c) for the procedure to be followed, and information or evidence to be supplied, in relation to the making of an award under this paragraph.

Calculation of capital and income

4. -(1) Regulations may for any purpose of this Part provide for the calculation or estimation of—

(a) a person’s capital,

(b) a person’s earned and unearned income, and

(c) a person’s earned and unearned income in respect of an assessment period.

(2) Regulations under sub-paragraph (1)(c) may include provision for the calculation to be made by reference to an average over a period, which need not include the assessment period concerned.

(3) Regulations under sub-paragraph (1) may—

(a) specify circumstances in which a person is to be treated as having or not having capital or earned or unearned income;

(b) specify circumstances in which income is to be treated as capital or capital as earned income or unearned income;

(c) specify circumstances in which unearned income is to be treated as earned, or earned income as unearned;

(d) provide that a person’s capital is to be treated as yielding income at a prescribed rate;

(e) provide that the capital or income of one member of a couple is to be treated as that of the other member.

(4) Regulations under sub-paragraph (3)(a) may in particular provide that persons of a prescribed description are to be treated as having a prescribed minimum level of earned income.

(5) In the case of joint claimants the income and capital of the joint claimants includes (subject to sub-paragraph (6)) the separate income and capital of each of them.

(6) Regulations may specify circumstances in which capital and income of either of joint claimants is to be disregarded in calculating their joint capital and income.

Responsibility for children etc

5. -(1) Regulations may for any purpose of this Part specify circumstances in which a person is or is not responsible for a child or qualifying young person.

(2) Regulations may for any purpose of this Part make provision about nominations of the responsible carer for a child (see section 19(6)(b)(ii)).

Vouchers

6. -(1) This paragraph applies in relation to an award of universal credit where the calculation of the amount of the award includes, by virtue of any provision of this Part, an amount in respect of particular costs which a claimant may incur.

(2) Regulations may provide for liability to pay all or part of the award to be discharged by means of provision of a voucher.

(3) But the amount paid by means of a voucher may not in any case exceed the total of the amounts referred to in sub-paragraph (1) which are included in the calculation of the amount of the award.

(4) For these purposes a voucher is a means other than cash by which a claimant may to any extent meet costs referred to in sub-paragraph (1) of a particular description.

(5) A voucher may for these purposes—

(a) be limited as regards the person or persons who will accept it;

(b) be valid only for a limited time.

Work-related requirements

7. Regulations may provide that a claimant who -

(a) asserts a right to reside in the United Kingdom under the EU Treaties, and

(b) would otherwise fall within section 19, 20 or 21,

is to be treated as not falling within that section.

Good reason

8. Regulations may for any purpose of this Part provide for—

(a) circumstances in which a person is to be treated as having or not having a good reason for an act or omission;

(b) matters which are or are not to be taken into account in determining whether a person has a good reason for an act or omission.

Section 32.

SCHEDULE 2

Universal credit: amendments

The Education Reform (Northern Ireland) Order 1989 (NI 20)

1. In Article 131 (charges and remissions policies) in paragraph (3)(b), for “or an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007)” there is substituted “an income-related employment and support allowance (payable under Part 1 of the Welfare Reform Act (Northern Ireland) 2007) or universal credit in such circumstances as may be prescribed for the purposes of this sub-paragraph”.

The Child Support (Northern Ireland) Order 1991 (NI 23)

2. In paragraph 5 of Schedule 1 (maintenance assessments), as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, in sub-paragraph (4) after “Where” there is inserted “universal credit (in such circumstances as may be prescribed),”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

3. In section 1 (entitlement to benefit dependent on claim), in subsection (4), before paragraph (a) there is inserted—

“(za) universal credit;”.

4. In section 5 (regulations about claims and payments)—

(a) in subsection (2), before paragraph (a) there is inserted—

“(za) universal credit;”;

(b) in subsection (5), after “in relation to” there is inserted “universal credit or”.

5. -(1) Section 13A (payment out of benefit of sums in respect of mortgage interest) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “entitled, to” there is inserted “universal credit,”;

(b) in paragraph (b), after “determining” there is inserted “the maximum amount for the purposes of universal credit or”;

(c) in the words after paragraph (b), after “whose” there is inserted “maximum amount for the purposes of universal credit or”.

(3) In subsection (4)—

(a) in the definition of “qualifying associate”—

(i) before “falls” there is inserted “or universal credit”;

(ii) before “, as the case may be,” there is inserted “or Part 1 of the Welfare Reform Act (Northern Ireland) 2012”;

(b) in the definition of “relevant benefits”, before paragraph (a) there is inserted—

“(za) universal credit;”.

6. In section 72 (income support and other payments), in subsection (2)(b), after “by way of” there is inserted “universal credit or”.

7. In section 72A (payments of benefit where maintenance payments collected by the Department), in subsection (7), after “applies are” there is inserted “universal credit,”.

8. In section 74 (recovery of social fund awards), in subsection (6)(d), after “receiving” there is inserted “universal credit,”.

9. In section 100 (failure to maintain - general), in subsection (1)(b), after “neglect” there is inserted “universal credit,”.

10. In section 101 (recovery of expenditure on benefit from person liable for maintenance), in subsections (1), (4), (5) and (6)(a) and (b), after “income support” there is inserted “or universal credit”.

11. In section 103 (reduction of expenditure on income support etc), in subsection (1)(a), after “income support” there is inserted “or universal credit”.

12. In section 115CA (interpretation of Part 6), in subsection (1), after paragraph (hi) there is inserted—

“(hj) Part 1 of the Welfare Reform Act (Northern Ireland) 2012;”.

13. In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b) after “Welfare Reform Act (Northern Ireland) 2007” there is inserted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

14. In section 118 (regulations as to notification of death), in subsection (1), after “Welfare Reform Act (Northern Ireland) 2007” there is inserted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

15. In section 119 (information from personal representatives), in subsection (1), after “receipt of” there is inserted “universal credit”.

16. In section 122 (duties of employers; statutory sick pay etc), in subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

17. In section 124 (duties of employers; statutory maternity pay etc), in subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

18. After section 139C there is inserted—

“Effect of alterations affecting universal credit

139D. -(1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—

(a) an award of universal credit is in force in favour of any person (“the recipient”), and

(b) an alteration—

(i) in any element of universal credit,

(ii) in the recipient’s benefit income,

(iii) in any amount to be deducted in respect of earned income under section 8(3)(a) of the Welfare Reform Act (Northern Ireland) 2012,

(iv) in any component of a contribution-based jobseeker’s allowance,

(v) in any component of a contributory employment and support allowance, or

(vi) in such other matters as may be prescribed,

affects the computation of the amount of universal credit to which he is entitled.

(2) Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.

(4) Subsection (5) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—

(a) in relation to any of the items referred to in subsection (1)(b)(i) to (vi) above, the amount of the alteration which he proposes to make by an order under section 150, 150A or 152 of the Great Britain Administration Act or by or under any other enactment, and

(b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”).

(5) If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—

(a) may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) above which will be in force on that date, or

(b) may be expressed in terms of the amounts of those items in force at the date of the award.

(6) In this section—

“alteration”—

(a) in relation to any element of universal credit, means its alteration by or under any enactment;

(b) in relation to a person’s benefit income, means the alteration of any of the applicable sums by any enactment or by an order under section 132, 132A or 133 above to the extent that any such alteration affects the amount of his benefit income;

(c) in relation to any component of a contribution-based jobseeker’s allowance or a contributory employment and support allowance, means its alteration by or under any enactment;

(d) in relation to any other matter, has such meaning as may be prescribed;

“applicable sums” means sums to which an order made under section 132, 132A or 133 above corresponding to an order made under section 150, 150A or 152 (as the case may be) of the Great Britain Administration Act may apply ;

“benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act or personal independence payment;

“the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;

“component”—

(a) in relation to contribution-based jobseeker’s allowance, means any of the sums specified in regulations under the Jobseekers (Northern Ireland) Order 1995 which are relevant in calculating the amount payable by way of a jobseeker’s allowance;

(b) in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 which are relevant in calculating the amount payable by way of such an allowance;

“element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act (Northern Ireland) 2012 which are included in the calculation of an award of universal credit.”.

19. After section 140B there is inserted—

“Implementation of increases in universal credit due to attainment of a particular age

140C. -(1) This section applies where—

(a) an award of universal credit is in force in favour of a person (“the recipient”), and

(b) an element has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).

(2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an increased amount of universal credit, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Department; and the award shall have effect accordingly.

(3) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to—

(a) a benefit under the Contributions and Benefits Act, or

(b) personal independence payment.

(4) Subsection (2) above does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient’s entitlement to universal credit, other than—

(a) the question whether the element concerned, or any other element, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient’s case, and

(b) the question whether, in consequence, the amount of his universal credit falls to be varied.

(5) In this section, “element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act (Northern Ireland) 2012 which are included in the calculation of an award of universal credit.”.

20. In section 145 (adjustments between National Insurance Fund and Consolidated Fund) -

(a) in subsection (1)(a)(iii), after “Act” there is inserted “, universal credit”;

(b) in subsection (6)(a) after “income-related employment and support allowance” insert “, universal credit”.

21. In section 149 (functions of Social Security Advisory Committee in relation to regulations etc), subsection (5) in the definition of “the relevant enactments”—

(a) in paragraph (af), for the words from “and 59 to 61” to “to that Act” there is substituted “, 60 and 61 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;”;

(b) after paragraph (aj) there is inserted—

“(ak) the provisions of Part 1 of the Welfare Reform Act (Northern Ireland) 2012;”.

22. -(1) Section 155 (reciprocal agreements with countries outside the United Kingdom) is amended as follows.

(2) In subsection (3)(a), after “the Welfare Reform Act (Northern Ireland) 2007” there is inserted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

(3) In subsection (4) at the end of paragraphs (aa), (ab) and (ac) omit the word “and”.

(4) In subsection (4) at the end of paragraph (ad) there is inserted—

“(ae) to Part 1 of the Welfare Reform Act (Northern Ireland) 2012;”.

(5) In subsection (5), before paragraph (a) there is inserted—

“(za) universal credit;”.

23. In section 156 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “the Welfare Reform Act (Northern Ireland) 2007” there is inserted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

24. In section 158B (information about postal redirection) in subsection (5)(b), after “1995” there is inserted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

25. In section 163 (certain benefits to be inalienable), in subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

26. In section 167(1) (interpretation), in the definition of “benefit”, after “includes” there is inserted “universal credit,”.

The Children (Northern Ireland) Order 1995 (NI 2)

27. In the following provisions, after “in receipt” there is inserted “of universal credit (except in such circumstances as may be prescribed),”—

(a) Article 18(9) (provision of services to children in need, their families and others);

(b) Article 18C(7)(b) (direct payments);

(c) Article 24(3) (recoupment of cost of providing services etc);

(d) Article 39(4) (liability to contribute).

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

28. In Article 4, in paragraph (3C) (as inserted by section 11(5) of the Welfare Reform Act (Northern Ireland) 2010), in the definition of “benefit”, before sub-paragraph (a) there is inserted—

“(za) universal credit,”.

The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

29. In Article 17 (social security: amendments following certain orders), at the end of paragraph (2) add “the Welfare Reform Act 2012”.

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

30. In Article 2 (interpretation), in the definition of “benefit”, after “means” there is inserted “universal credit,”.

31. In the table in Schedule 2 (calculation of compensation payment), in the section relating to compensation for earnings lost during the relevant period, at the top of the second column insert “Universal credit”.

The Social Security (Northern Ireland) Order 1998 (NI 10)

32. In Article 4 (use of computers), in paragraph (2)—

(a) in sub-paragraph (i), the final “or” is repealed;

(b) after sub-paragraph (j) there is inserted—

“or

(k) Part 1 of the Welfare Reform Act (Northern Ireland) 2012.”.

33. In Article 9 (decisions by the Department)—

(a) in paragraph (3), after sub-paragraph (a) there is inserted—

“(aa) universal credit;”;

(b) in paragraph (4), for “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007” there is substituted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 or Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

34. In Article 12 (regulations with respect to decisions), in paragraph (3) in the definition of “the current legislation”, for “and Part 1 of the Welfare Reform Act (Northern Ireland) 2007” there is substituted “, Part 1 of the Welfare Reform Act (Northern Ireland) 2007 and Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

35. In Article 27 (restriction on entitlement in cases of error), in paragraph (7), in the definition of “benefit” for sub-paragraph (f) there is substituted—

“(f) universal credit”.

36. In Article 28 (correction of errors in decisions etc), in paragraph (3)—

(a) in sub-paragraph (f), the final “or” is repealed;

(b) after sub-paragraph (g) there is inserted—

“(h) Part 1 of the Welfare Reform Act (Northern Ireland) 2012.”.

37. In Article 39 (interpretation), in paragraph (1), after the definition of “appeal tribunal” there is inserted -

““claimant”, in relation to a couple jointly claiming universal credit, means the couple or either member of the couple;”.

38. -(1) Schedule 2 (decisions against which no appeal lies) is amended as follows.

(2) In paragraph 6(b)(iv), at the end there is inserted “or

(v) section 139D(1)(b) of that Act (universal credit).”

(3) After paragraph 7 there is inserted—

 

“Increases in universal credit due to attainment of particular ages

7A. A decision as to the amount of benefit to which a person is entitled, where it appears to the Department that the amount is determined by the recipient’s entitlement to an increased amount of universal credit in the circumstances referred to in section 140C(2) of the Administration Act.”.

39. In Schedule 3 (decisions against which an appeal lies), after paragraph 3 there is inserted—

“3A. A decision as to the amount of a relevant benefit that is payable to a person by virtue of regulations under section 5B, 6, 7 or 8 of the Social Security Fraud Act (Northern Ireland) 2001.”.

The Immigration and Asylum Act 1999 (c. 33)

40. In section 115(2) (exclusion from benefits of persons subject to immigration control) after “support allowance)” there is inserted “, to universal credit under Part 1 of the Welfare Reform Act (Northern Ireland) 2012”.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

41. In section 60 (discretionary financial assistance with housing), in subsection (1)(a), after “housing benefit” there is inserted “or universal credit”.

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

42. In section 5A (definitions), in subsection (1) -

(a) in the definition of “disqualifying benefit”, before paragraph (a) there is inserted—

“(za) any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2012 or Part 1 of the Welfare Reform Act 2012 (universal credit);”;

(b) in the definition of “sanctionable benefit”, before paragraph (a) there is inserted—

“(za) any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2012 (universal credit);”.

43. -(1) Section 5B (loss of benefit in case of conviction, penalty or caution for benefit offence) is amended as follows.

(2) In subsection (5), for “(6)” there is substituted “(5A)”.

(3) After subsection (5) there is inserted—

“(5A) The Department may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be prescribed;

(b) the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c) the benefit were payable only if the circumstances are otherwise such as may be prescribed;

(d) any amount of the benefit payable in prescribed circumstances were recoverable by the Department.”.

(4) In subsection (7), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Department.”.

44. -(1) Section 6 (loss of benefit for commission of benefit offence) is amended as follows.

(2) In subsection (2), for “(3)” there is substituted “(2A)”.

(3) After subsection (2) there is inserted—

“(2A) The Department may by regulations provide that, where the sanctionable benefit is universal credit, the benefit shall be payable, during the whole or a part of any period comprised in the disqualification period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be prescribed;

(b) the benefit were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;

(c) the benefit were payable only if the circumstances are otherwise such as may be prescribed;

(d) any amount of the benefit payable in prescribed circumstances were recoverable by the Department.”.

(4) In subsection (4), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Department.”.

45. -(1) Section 7 (effect of offence on joint-claim jobseeker’s allowance) is amended as follows.

(2) In subsection (3)—

(a) for “but” at the end of paragraph (a) there is substituted “and”;

(b) after paragraph (a) there is inserted—

“(aa) shall be payable in the couple’s case as if any amount of the allowance payable in prescribed circumstances were recoverable by the Department; but”.

(3) In subsection (4), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Department.”.

(4) In the opening words to subsections (7) and (8) the words “by virtue of any regulations” are repealed.

46. -(1) Section 8 (effect of offence on benefits for members of offender’s family) is amended as follows.

(2) In subsection (1), before paragraph (a) there is inserted—

“(za) universal credit;”.

(3) In subsection (2), for “or” at the end of paragraph (b) there is substituted “and”.

(4) After subsection (2) there is inserted—

“(2A) In relation to cases in which the benefit is universal credit, the provision that may be made by virtue of subsection (2) is provision that, in the case of the offender’s family member, any universal credit shall be payable, during the whole or a part of any period comprised in the relevant period, as if one or more of the following applied—

(a) the amount payable were reduced in such manner as may be prescribed;

(b) the benefit were payable only if there is compliance by the offender or the offender’s family member, or both of them, with such obligations with respect to the provision of information as may be imposed by the regulations;

(c) the benefit were payable only if the circumstances are otherwise such as may be prescribed;

(d) any amount of the benefit payable in prescribed circumstances were recoverable by the Department.”.

(5) In subsection (4), after paragraph (c) there is inserted—

“(d) any amount of the allowance payable in prescribed circumstances were recoverable by the Department.”.

47. In section 9(3) (power to supplement and mitigate loss of benefit provisions) after paragraph (bc) there is inserted—

“(bd) any benefit under Part 1 of the Welfare Reform Act (Northern Ireland) 2012 (universal credit);”.

48. -(1) In section 10 (loss of benefit regulations), subsection (3) is amended as follows.

(2) In paragraph (c)—

(a) for “5B(7)” there is substituted “5B(5A), (7)”;

(b) for “6(4)” there is substituted “6(2A), (4)”;

(c) for “8(4)” there is substituted “8(2A), (4)”.

(3) In paragraph (d) at the end there is inserted “or (aa)”.

The State Pension Credit Act (Northern Ireland) 2002 (c. 14)

49. In section 4 (exclusions), after subsection (1) there is inserted—

“(1A) A claimant is not entitled to state pension credit if he is a member of a couple the other member of which has not attained the qualifying age.”.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

50. In Schedule 1 (employment and support allowance: additional conditions), in paragraph 1(5), before paragraph (a) there is inserted—

“(za) universal credit,”.

Section 34(3).

SCHEDULE 3

Abolition of benefits: consequential amendments

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

1. In section 22 (earnings factors), in subsections (2)(a) and (5), for “a contributory” there is substituted “an”.

2. In section 146 (interpretation of Part 10), in subsection (2) -

(a) in the definition of “qualifying employment and support allowance”, for “a contributory allowance” there is substituted “an employment and support allowance”;

(b) in the appropriate place insert -

““couple” means—

(a) a man and woman who are married to each other and are members of the same household;

(b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances;

(c) two people of the same sex who are civil partners of each other and are members of the same household; or

(d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;”;

(c) after subsection (2) insert -

“(2A) For the purposes of this Part, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

3. In section 71 (overlapping benefits), in subsections (1) and (4)(c), for “a contributory” there is substituted “an”.

4. In section 139A(5) for the definition of “applicable sums” there is substituted -

““applicable sums” means sums to which an order made under section 132, 132A or 133 corresponding to an order made under section 150, 150A or 152 (as the case may be) of the Great Britain Administration Act may apply;”

5. In section 139B (effect of alterations affecting state pension credit), for “a contributory”, wherever occurring, there is substituted “an”.

6. In section 139C (effect of alteration of rates of an employment and support allowance), in subsection (6) in the definition of “applicable sums” for “section 139 above” there is substituted “section 139A(5) above”.

7. In section 139D (as inserted by Schedule 2 to this Act) (effect of alterations affecting universal credit), for “a contributory”, wherever occurring, there is substituted “an”.

8. In section 158B (information about postal redirection) in subsection (7), for “subsections (1) and (2)” substitute “subsection (1)”.

The Social Security (Northern Ireland) Order 1998 (NI 10)

9. In Schedule 1 in paragraph 4(1)(a) for “, Article 22 of the Child Support Order or paragraph 6 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000” there is substituted “or Article 22 of the Child Support Order”.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

10. In section 60 (discretionary financial assistance with housing) -

(a) in subsection (1) omit the words “by regulations make provision conferring a power on relevant authorities to”;

(b) in subsection (1)(b) for “such an authority” there is substituted “the Department”;

(c) for subsection (2) there is substituted -

“(2) The Department may by regulations—

(a) prescribe the circumstances in which it may make discretionary housing payments;

(b) confer a discretion on the Department (subject to any provision made by virtue of paragraph (c) or (d))—

(i) as to whether or not to make discretionary housing payments in a particular case; and

(ii) as to the amount of the payments and the period for or in respect of which they are made;

(c) impose a limit on the amount of the discretionary housing payment that it may make in any particular case;

(d) restrict the period for or in respect of which it may make discretionary housing payments;

(e) prescribe the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed in dealing with and disposing of such claims;

(f) impose conditions on persons claiming or receiving discretionary housing payments requiring them to provide to the Department such information as may be prescribed;

(g) prescribe the circumstances in which it is entitled to cancel the making of further such payments or to recover a payment already made; or

(h) require or authorise the Department to review the decisions made by the Department with respect to the making, cancellation or recovery of discretionary housing payments.”;

(d) in subsection (5) omit the words “or different relevant authorities”;

(e) for subsection (6) there is substituted -

“(6) In this section “prescribed” means prescribed by or determined in accordance with regulations made by the Department.”.

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

11. In section 5B (loss of benefit for conviction etc), in subsection (5), for “to (10)” there is substituted “and (8)”.

12. In section 6 (loss of benefit for commission of benefit offences), in subsection (2), for “to (5)” there is substituted “and (4A)”.

13. In section 10 (loss of benefit regulations), in subsection (3)(c), for the words from “section” to the end there is substituted “section 5B(5A) or (8), 6(2A) or (4A) or 8(2A) or (4A)”.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

14. In section 1 (employment and support allowance), in subsection (3)(d), at the end there is inserted “and”.

15. In section 2 (amount of contributory allowance), in subsection (1), for “In the case of a contributory allowance, the amount payable” there is substituted “The amount payable by way of an employment and support allowance”.

16. In section 27 (financial provisions) -

(a) in subsection (1), for the words from “so much of” to the end there is substituted “any sums payable by way of employment and support allowance”;

(b) in subsection (2), for “contributory” there is substituted “employment and support”.

17. In each of the following provisions, for “a contributory allowance” there is substituted “an employment and support allowance”—

(a) section 1A(1), (3), (4), (5) and (6) (as inserted by section 52 of this Act);

(b) section 1B(1) (as inserted by section 53 of this Act);

(c) section 3(2)(d);

(d) section 18(4);

(e) section 20(1)(a), (2), (3)(a), (b) and (c), (4), (5)(a), (b) and (c), (6), (7)(a), (b) and (c);

(f) in Schedule 1, paragraphs 1(5)(d) and 3(2)(a);

(g) in Schedule 2, paragraphs 6 and 7(2)(d).

Section 35.

SCHEDULE 4

Housing credit element of state pension credit

PART 1

Amendments to State Pension Credit Act (Northern Ireland) 2002
The State Pension Credit Act (Northern Ireland) 2002 (c. 14)

1. In section 1 (entitlement), in subsection (2)(c) at the end there is inserted “or

(iii) the conditions in section 3A(1) and (2) (housing credit).”.

2. In section 1, in subsection (3)—

(a) after paragraph (b) there is inserted “or

(c) to a housing credit, calculated in accordance with section 3A, if he satisfies the conditions in subsections (1) and (2) of that section,”;

(b) for the words from “(or to both” to the end there is substituted “(or to more than one of them, if he satisfies the relevant conditions).”.

3. After section 3 there is inserted—

“Housing credit

3A. -(1) The first of the conditions mentioned in section 1(2)(c)(iii) is that the claimant is liable to make payments in respect of the accommodation he occupies as his home.

(2) The second of the conditions mentioned in section 1(2)(c)(iii) is that the claimant’s capital and income are such that the amount of the housing credit payable (if he were entitled to it) would not be less than a prescribed amount.

(3) Where the claimant is entitled to a housing credit, the amount of the housing credit shall be an amount calculated in or determined under regulations (which may be zero).

(4) For the purposes of subsection (1)—

(a) the accommodation must be in Northern Ireland;

(b) the accommodation must be residential accommodation;

(c) it is immaterial whether the accommodation consists of the whole or part of a building and whether or not it comprises separate and self-contained premises.

(5) Regulations may make provision as to—

(a) the meaning of “payments in respect of accommodation” for the purposes of this section (and, in particular, as to the extent to which such payments include mortgage payments);

(b) circumstances in which a claimant is to be treated as liable or not liable to make such payments;

(c) circumstances in which a claimant is to be treated as occupying or not occupying accommodation as his home (and, in particular, for temporary absences to be disregarded);

(d) circumstances in which land used for the purposes of any accommodation is to be treated as included in the accommodation.

(6) Regulations under this section may make different provision for different areas.”.

4. In section 7 (fixing of retirement provision for assessed income period), at the end there is inserted—

“(10) Regulations may prescribe circumstances in which subsection (3) does not apply for the purposes of determining the amount of a housing credit to which the claimant is entitled.”.

5. In section 12 (polygamous marriages), in subsection (2)(b), after “savings credit” there is inserted “or housing credit”.

6. In section 17 (interpretation), in subsection (1), after the definition of “guarantee credit” there is inserted—

““housing credit” shall be construed in accordance with sections 1 and 3A;”.

7. In Schedule 2 (consequential amendments etc), paragraph 9(d)(i) is repealed.

PART 2

Amendments to other Acts

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

8. In section 5 (regulations about claims and payments) in subsection (5), before “subsection” there is inserted “or housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002)”.

9. In section 13A (mortgage interest)—

(a) in subsection (1A)—

(i) in paragraph (b), for “the appropriate minimum guarantee for the purposes of” there is substituted “entitlement to”;

(ii) in the closing words, for “appropriate minimum guarantee for the purposes of” there is substituted “entitlement to”;

(b) in subsection (4), the definition of “appropriate minimum guarantee” is repealed.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

10. In section 60 (discretionary financial assistance with housing), in subsection (1)(a), after “universal credit” there is inserted “or housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002)”.

Section 36.

SCHEDULE 5

Universal credit and other working-age benefits

General

1. -(1) In this Schedule “relevant benefit” means—

(a) jobseeker’s allowance, or

(b) employment and support allowance.

(2) In this Schedule “work-related requirement” means—

(a) a work-related requirement within the meaning of this Part,

(b) a work-related requirement within the meaning of the Jobseekers Order, or

(c) a work-related requirement within the meaning of Part 1 of the Welfare Reform Act (Northern Ireland) 2007.

(3) In this Schedule “sanction” means a reduction of benefit under—

(a) section 26 or 27,

(b) Article 8J or 8K of the Jobseekers Order (as inserted by section 50(4) of this Act), or

(c) section 11J of the Welfare Reform Act (Northern Ireland) 2007 (as inserted by section 58(2) of this Act).

Dual entitlement

2. -(1) Regulations may make provision as to the amount payable by way of a relevant benefit where a person is entitled to that benefit and universal credit.

(2) Regulations under sub-paragraph (1) may in particular provide for no amount to be payable by way of a relevant benefit.

(3) Regulations may, where a person is entitled to a relevant benefit and universal credit—

(a) make provision as to the application of work-related requirements;

(b) make provision as to the application of sanctions.

(4) Provision under sub-paragraph (3)(a) includes in particular—

(a) provision securing that compliance with a work-related requirement for a relevant benefit is to be treated as compliance with a work-related requirement for universal credit;

(b) provision disapplying any requirement on the Department to impose, or a person to comply with, a work-related requirement for a relevant benefit or universal credit.

(5) Provision under sub-paragraph (3)(b) includes in particular—

(a) provision for the order in which sanctions are to be applied to awards of a relevant benefit and universal credit;

(b) provision to secure that the application of a sanction to an award of a relevant benefit does not result in an increase of the amount of an award of universal credit.

Movement between working-age benefits

3. Regulations may provide—

(a) in a case where a person ceases to be entitled to universal credit and becomes entitled to a relevant benefit, for a sanction relating to the award of universal credit to be applied to the award of the relevant benefit;

(b) in a case where a person ceases to be entitled to a relevant benefit and becomes entitled to universal credit, for a sanction relating to the award of the relevant benefit to be applied to the award of universal credit;

(c) in a case where a person ceases to be entitled to one relevant benefit and becomes entitled to the other, for a sanction relating to the award of the former to apply to the award of the latter.

Hardship payments

4. Regulations under section 28 (hardship payments) may be made in relation to a person whose award of universal credit is reduced by virtue of regulations under paragraph 2(3)(b) or 3(b) as in relation to a person whose award is reduced under section 26 or 27.

Earnings tapers

5. In Article 6 of the Jobseekers Order (amount payable by way of a jobseeker’s allowance), in paragraph (1)(b)—

(a) after “making” there is inserted—

“(i) deductions in respect of earnings calculated in the prescribed manner (which may include multiplying some or all earnings by a prescribed percentage), and

(ii) ”;

(b) “earnings,” (before “pension payments”) is repealed.

6. -(1) Section 2 of the Welfare Reform Act (Northern Ireland) 2007 (amount of contributory allowance) is amended as follows.

(2) In subsection (1)(c), after “making” there is inserted—

“(i) deductions in respect of earnings calculated in the prescribed manner (which may include multiplying some or all earnings by a prescribed percentage), and

(ii) ”.

(3) At the end there is inserted—

“(6) In subsection (1)(c)(i) the reference to earnings is to be construed in accordance with sections 3, 4 and 112 of the Contributions and Benefits Act.”

 

Section 37.

SCHEDULE 6

Migration to universal credit

General

1. -(1) Regulations may make provision for the purposes of, or in connection with, replacing existing benefits with universal credit.

(2) In this Schedule “existing benefit” means—

(a) a benefit abolished under section 34(1);

(b) any other prescribed benefit.

(3) In this Schedule “appointed day” means the day appointed for the coming into operation of section 1.

Claims before the appointed day

2. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision for a claim for universal credit to be made before the appointed day for a period beginning on or after that day;

(b) provision for a claim for universal credit made before the appointed day to be treated to any extent as a claim for an existing benefit;

(c) provision for a claim for an existing benefit made before the appointed day to be treated to any extent as a claim for universal credit.

(2) The provision referred to in paragraph 1(1) includes provision, where a claim for universal credit is made (or is treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and amount of, such an award).

Claims after the appointed day

3. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision permanently or temporarily excluding the making of a claim for universal credit after the appointed day by—

(i) a person to whom an existing benefit is awarded, or

(ii) a person who would be entitled to an existing benefit on making a claim for it;

(b) provision temporarily excluding the making of a claim for universal credit after the appointed day by any other person;

(c) provision excluding entitlement to universal credit temporarily or for a particular period;

(d) provision for a claim for universal credit made after the appointed day to be treated to any extent as a claim for an existing benefit;

(e) provision for a claim for an existing benefit made after the appointed day to be treated to any extent as a claim for universal credit.

(2) The provision referred to in paragraph 1(1) includes provision, where a claim for universal credit is made (or is treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and amount of, such an award).

Awards

4. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision for terminating an award of an existing benefit;

(b) provision for making an award of universal credit, with or without application, to a person whose award of existing benefit is terminated.

(2) The provision referred to in sub-paragraph (1)(b) includes—

(a) provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;

(b) provision as to the consequences of failure to comply with any such requirement;

(c) provision as to the terms on which, and conditions subject to which, such an award is made, including—

(i) provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to universal credit in relation to the award;

(ii) provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of capability for work or work-related activity;

(d) provision as to the amount of such an award;

(e) provision that fulfilment of any condition relevant to entitlement to an award of an existing benefit, or relevant to the amount of such an award, is to be treated as fulfilment of an equivalent condition in relation to universal credit.

(3) Provision under sub-paragraph (2)(d) may secure that where an award of universal credit is made by virtue of sub-paragraph (1)(b)—

(a) the amount of the award is not less than the amount to which the person would have been entitled under the terminated award, or is not less than that amount by more than a prescribed amount;

(b) if the person to whom it is made ceases to be entitled to universal credit for not more than a prescribed period, the gap in entitlement is disregarded in calculating the amount of any new award of universal credit.

Work-related requirements and sanctions

5. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision relating to the application of work-related requirements for relevant benefits;

(b) provision relating to the application of sanctions.

(2) The provision referred to in sub-paragraph (1)(a) includes—

(a) provision that a claimant commitment for a relevant benefit is to be treated as a claimant commitment for universal credit;

(b) provision that a work-related requirement for a relevant benefit is to be treated as a work-related requirement for universal credit;

(c) provision for anything done which is relevant to compliance with a work-related requirement for a relevant benefit to be treated as done for the purposes of compliance with a work-related requirement for universal credit;

(d) provision temporarily disapplying any provision of this Part in relation to work-related requirements for universal credit.

(3) The provision referred to in sub-paragraph (1)(b) includes—

(a) provision for a sanction relevant to an award of a relevant benefit to be applied to an award of universal credit;

(b) provision for anything done which is relevant to the application of a sanction for a relevant benefit to be treated as done for the purposes of the application of a sanction for universal credit;

(c) provision temporarily disapplying any provision of this Part in relation to the application of sanctions.

(4) In this paragraph—

“relevant benefit” means—

(a) jobseeker’s allowance,

(b) employment and support allowance, and

(c) income support;

“work-related requirement” means—

(a) for universal credit, a work-related requirement within the meaning of this Part;

(b) for jobseeker’s allowance, a requirement imposed—

(i) by virtue of regulations under Article 10 or 19A of the Jobseekers Order,

(ii) by a jobseeker’s direction (within the meaning of Article 21A of that Order),

(iii) by virtue of regulations under section 2A, 2AA or 2D of the Administration Act, or

(iv) by a direction under section 2F of that Act;

(c) for employment and support allowance, a requirement imposed—

(i) by virtue of regulations under section 8, 9, 11, 12 or 13 of the Welfare Reform Act (Northern Ireland) 2007,

(ii) by a direction under section 15 of that Act,

(iii) by virtue of regulations under section 2A, 2AA or 2D of the Administration Act, or

(iv) by a direction under section 2F of that Act;

(d) for income support, a requirement imposed—

(i) by virtue of regulations under section 2A, 2AA or 2D of the Administration Act, or

(ii) by a direction under section 2F of that Act;

“sanction” means a reduction of benefit under—

(a) section 26 or 27,

(b) Article 21, 21A or 21B of the Jobseekers Order,

(c) section 11, 12 or 13 of the Welfare Reform (Northern Ireland) Act 2007, or

(d) section 2A, 2AA or 2D of the Administration Act.

Supplementary

6. Regulations under paragraph 1(1) may secure the result that any gap in entitlement to an existing benefit (or what would, but for the provisions of this Part, be a gap in entitlement to an existing benefit) is to be disregarded for the purposes of provision under such regulations.

7. Regulations under paragraph 1(1) may amend or modify the application of any statutory provision.

Section 49.

SCHEDULE 7

Jobseeker’s allowance in interim period: consequential amendments

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

1. In Article 2 (interpretation), in paragraph (2), before the definition of “jobseeking period” there is inserted—

““jobseeker’s direction” has the meaning given by Article 21A;”.

2. -(1) Article 10 (attendance etc) is amended as follows.

(2) In paragraph (1A)(a) (as originally enacted), for “the Department, or any other Department” substitute “an employment officer”.

(3) In paragraph (2), for sub-paragraphs (a) to (c) there is substituted -

“(a) provide for entitlement to a jobseeker’s allowance to cease at such time as may be determined in accordance with any such regulations if, when a person fails to comply with such regulations, that person (or, if that person is a member of a joint-claim couple, either member of the couple) does not make prescribed contact with an employment officer within a prescribed period of the failure.”.

3. In Articles 18(3)(b) and 19(4) for “good cause” there is substituted “a good reason”.

4. In Article 19A (employment schemes), in paragraph (5)(c) for “jobseeker’s agreement to which a person is a party” there is substituted “claimant commitment accepted by a person”.

5. Article 22 (exemptions from Article 21) is amended as follows—

(a) in the heading, after “21” there is inserted “and 21A”;

(b) in paragraph (1), for “prevent payment” there is substituted “authorise reduction”;

(c) in paragraph (2), for “21” there is substituted “21A” and for “(5)” there is substituted “(2)(c) to (g)”;

(d) in paragraph (3), for “21(6)(b) or (d)” there is substituted “21(2)(b) or (d)” and for “just cause” there is substituted “good reason”.

6. Articles 22C and 22D (sanctions for violent conduct etc. in connection with claim) are repealed.

7. In Article 24 (members of the forces), in paragraph (2), for “Article 21(6)(b)” there is substituted “Article 21(2)(b)”.

8. In Article 36 (regulations and orders), after paragraph (2) there is inserted—

“(2A) The Statutory Rules (Northern Ireland) Order 1979 shall not apply to any order under Article 2(2) in relation to employment officers.”.

9. -(1) Schedule 1 (supplementary) is amended as follows.

(2) In paragraph 8(b), for “entered into a jobseeker’s agreement” there is substituted “accepted a claimant commitment”.

(3) In paragraph 8B, in sub-paragraph (3)—

(a) for the first “entered into a jobseeker’s agreement” there is substituted “accepted a claimant commitment”;

(b) for “11(10)” there is substituted “11(9)”;

(c) for “entered into a jobseeker’s agreement which is in force for” there is substituted “accepted a claimant commitment during”.

(4) In paragraph 10, after sub-paragraph (5) there is inserted—

“(6) References in sub-paragraphs (1) and (2) to an income-based jobseeker’s allowance include a payment by way of such an allowance under Article 21C.”.

The Social Security (Northern Ireland) Order 1998 (NI 10)

10. In Schedule 3 (decisions against which an appeal lies) -

(a) in the heading to paragraph 8 for “jobseekers’ agreements” there is substituted “claimant commitment”;

(b) in paragraph 8 for “jobseeker’s agreement” there is substituted “claimant commitment”.

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

11. -(1) Section 7 (effect of offence on claim) is amended as follows.

(2) In subsection (2)—

(a) at the beginning there is inserted “Except in prescribed circumstances”;

(b) in paragraph (b), for sub-paragraph (i) there is substituted—

“(i) is a person whose failure sanctionable under Article 21, 21A or 21B of the Jobseekers Order has given rise to a reduction under that Article; or”.

(3) Subsection (5) is repealed.

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

12. -(1) Section 25 (well-being of children) is amended as follows.

(2) In subsection (1)—

(a) for “(the jobseeker’s agreement)” there is substituted “(as substituted by section 45 of the Welfare Reform Act (Northern Ireland) 2012 (the claimant commitment))”;

(b) in the inserted paragraph (4A), for “preparing a jobseeker’s agreement for a claimant” there is substituted “considering whether to invite a claimant to accept a claimant commitment”.

13. -(1) Section 26 (contracting out) is amended as follows.

(2) In subsection (2), in Article 22E inserted into the Jobseekers Order—

(a) for paragraph (2)(a) and (b) there is substituted—

“(a) any function under Article 10 (attendance etc);

(b) any function under Article 11 or 12 in relation to a claimant commitment;”;

(b) after paragraph (2)(d) there is inserted—

“(e) functions under Article 21 or 21A;”;

(c) in paragraph (4)(a), “or 19A” is repealed.

(3) In subsection (3), for paragraphs (a) to (d) there is substituted—

“(a) Article 10(1)(a), (1A) and (2);

(b) Articles 11 and 12 (in all places);

(c) Article 18(3)(b)(ii);

(d) Articles 21 and 21A (in all places);”.

Section 70.

SCHEDULE 8

Social fund discretionary payments: consequential amendments

1. The Administration Act is amended as follows.

2. In section 74(4) (recovery of funeral payments out of social fund), after “Payments” there is inserted “out of the social fund”.

3. In section 75 (recovery of Great Britain payments), in paragraph (c), for the words from “under subsection” to the end there is substituted “under section 69(8)”.

4. In Part 1 of Schedule 4 (persons employed in social security administration), under the heading “Former statutory bodies”, after the entry for “A social fund officer” there is inserted—

“The social fund Commissioner.

A social fund inspector.

A member of any staff employed in connection with the social fund.”.

 

Section 90.

SCHEDULE 9

Personal independence payment: amendments

The Child Support (Northern Ireland) Order 1991 (NI 23)

1. In Article 10 (role of the courts with respect to maintenance for children), in paragraph (8)(a), at the beginning there is inserted “an allowance under Part 4 of the Welfare Reform Act (Northern Ireland) 2012 (personal independence payment) or”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

2. In section 30B (incapacity benefit: rate), in subsection (4), after paragraph (a) there is inserted -

“(aa) is entitled to the daily living component of personal independence payment at a rate designated by regulations under this paragraph, or”.

3. -(1) Section 64 (entitlement to attendance allowance) is amended as follows.

(2) In subsection (1), for “the care component of a disability living allowance” there is substituted “an allowance within subsection (1A)”.

(3) After subsection (1) there is inserted -

“(1A) The following allowances are within this subsection -

(a) personal independence payment;

(b) the care component of a disability living allowance.”.

4. In section 146 (Christmas bonus for pensioners: interpretation), in subsection (1), after paragraph (ba) there is inserted -

“(bb) personal independence payment;”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

5. -(1) Section 1 (entitlement to benefit dependent on claim) is amended as follows.

(2) In subsection (3) -

(a) before paragraph (a) there is inserted -

“(za) for personal independence payment by virtue of section 81 of the Welfare Reform Act (Northern Ireland) 2012; or”;

(b) paragraph (b) and the “or” preceding it are repealed.

(3) In subsection (4), after paragraph (ac) there is inserted -

“(ad) personal independence payment.”.

6. In section 5(2) (regulations about claims for and payments of benefit), after paragraph (ac) there is inserted -

“(ad) personal independence payment;”.

7. In section 69(11) (overpayments), after paragraph (ac) there is inserted -

“(ad) personal independence payment;”.

8. In section 71 (overlapping benefits - general), after subsection (5) there is inserted -

“(6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 121 of the Contributions and Benefits Act.”.

9. In section 115CA (interpretation of Part 6), in subsection (1), after paragraph (hj) (inserted by Schedule 2 to this Act) there is inserted -

“(hk) Part 4 of that Act;”.

10. In section 116B (supply of other government information for fraud prevention and verification), in subsection (3)(b), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

11. In section 116C (supply of information to the Housing Executive), in subsection (6)(b), after “Welfare Reform Act (Northern Ireland) 2007” there is inserted “, Part 4 of the Welfare Reform Act (Northern Ireland) 2012”.

12. In section 118 (regulations as to notifications of deaths), in subsection (1), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

13. In section 139 (effect in alteration in the component rates of income support), in subsection (5), in the definition of “benefit income”, after “income support;” there is inserted -

“(aa) personal independence payment;”.

14. In section 139A (effect of alteration of rates of a jobseeker’s allowance), in subsection (5), in the definition of “benefit income”, after “Contributions and Benefits Act;” there is inserted -

“(aa) personal independence payment;”.

15. In section 139B (effect of alterations affecting state pension credit), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “or personal independence payment”.

16. In section 139C (effect of alteration of rates of an employment and support allowance), in subsection (6), in the definition of “benefit income”, after “Contributions and Benefits Act” there is inserted “or personal independence payment”.

17. In section 140 (implementation of increases in income support due to attainment of particular ages), in subsection (3), after “entitlement to” there is inserted “personal independence payment or to”.

18. In section 140A (implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages), in subsection (3), after “Contributions and Benefits Act;” there is inserted -

“(aa) personal independence payment;”.

19. In section 140B (implementation of increases in employment and support allowance due to attainment of particular ages), in subsection (3), for the words from “a benefit” to the end there is substituted -

“(a) a benefit under the Contributions and Benefits Act; or

(b) personal independence payment.”.

20. In section 145 (adjustments between National Insurance Fund and Consolidated Fund), in subsection (1)(a)(iii), after “universal credit” (inserted by Schedule 2 to this Act) there is inserted “, personal independence payment”.

21. In section 149 (functions of Social Security Advisory Committee in relation to legislation and regulations), in subsection (5), after paragraph (ak) (inserted by Schedule 2 to this Act) there is inserted -

“(al) Part 4 of that Act;”.

22. -(1) Section 155 (reciprocal agreements) is amended as follows.

(2) In subsection (3)(a), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

(3) In subsection (4), after paragraph (ae) (inserted by Schedule 2 to this Act) there is inserted -

“(af) to Part 4 of that Act;”.

23. In section 156 (payment of travelling expenses), in paragraphs (a) and (b)(i), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

24. In section 158B (information about postal redirection), in subsection (5)(b), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “, Part 4 of that Act”.

25. In section 160 (control of pneumoconiosis), in subsection (1)(c) for “benefit as defined in section 121 of the Contributions and Benefits Act” there is substituted “personal independence payment, or benefit as defined in section 121 of the Contributions and Benefits Act,”.

26. In section 163 (inalienability), in subsection (1), after paragraph (ac) there is inserted -

“(ad) personal independence payment;”.

27. In section 167 (interpretation), in subsection (1), in the definition of “benefit”, for “, state pension credit and an employment and support allowance” there is substituted “state pension credit, an employment and support allowance and personal independence payment”.

28. In Schedule 5 (regulations not requiring prior submission to Social Security Advisory Committee), before paragraph 1 there is inserted -

“Personal independence payment

A1. Regulations under section 77(3) or 78(3) of the Welfare Reform Act (Northern Ireland) 2012.”.

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

29. In Article 25 (payments in respect of applicants for exemption from wearing seat belts), in paragraph (2), after sub-paragraph (a) there is inserted -

“(aa) those in receipt of personal independence payment;”.

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

30. In Article 2(2) (interpretation), in the definition of “benefit”, after “employment and support allowance” there is inserted “, personal independence payment”.

31. In Schedule 2 (calculation of compensation payment), in the table -

(a) in the section relating to compensation for cost of care incurred during the relevant period, in the second column, after the entry for attendance allowance there is inserted -

“Daily living component of personal independence payment”;

(b) in the section relating to compensation for loss of mobility during the relevant period, in the second column, after the entry for mobility allowance there is inserted -

“Mobility component of personal independence payment”.

The Social Security (Northern Ireland) Order 1998 (NI 10)

32. In Article 4(2) (use of computers), after sub-paragraph (k) (inserted by Schedule 2 to this Act) there is inserted “or

(l) Part 4 of that Act.”.

33. In Article 9 (decisions by the Department) -

(a) in paragraph (3), after sub-paragraph (ba) there is inserted -

“(baa) personal independence payment;”;

(b) in paragraph (4), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “or Part 4 of that Act”.

34. In Article 12(3) (regulations with respect to decisions), in the definition of “the current legislation”, after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “and Part 4 of that Act”.

35. In Article 27(7) (restrictions on entitlement to benefit in cases of error), in the definition of “benefit” -

(a) after sub-paragraph (de) there is inserted -

“(df) personal independence payment;”;

(b) in sub-paragraph (e) for “to (de)” there is substituted “to (df)”.

36. In Article 28(3) (correction of errors in decisions etc.), after sub-paragraph (h) (inserted by Schedule 2 to this Act) there is inserted “or

(i) Part 4 of that Act.”.

37. In Schedule 3 (decisions against which an appeal lies), in paragraph 3 -

(a) in paragraph (f), the final “or” is repealed;

(b) after paragraph (g) there is inserted -

“(h) regulations made under section 84(1) or 85(1) of the Welfare Reform Act (Northern Ireland) 2012;

(i) section 86 of that Act.”.

The Immigration and Asylum Act 1999 (c. 33)

38. In section 115 (exclusion from benefits), in subsection (2), after “Welfare Reform Act (Northern Ireland) 2012” (inserted by Schedule 2 to this Act) there is inserted “, to personal independence payment under Part 4 of that Act”.

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

39. In section 5A (definitions) in the definition of “disqualifying benefit”, after paragraph (c) there is inserted -

“(ca) any benefit under Part 4 of the Welfare Reform Act (Northern Ireland) 2012 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);”.

40. In section 9 (power to supplement and mitigate loss of benefit provisions), in subsection (3), after paragraph (bd) (inserted by Schedule 2 to this Act) there is inserted -

“(be) any benefit under Part 4 of the Welfare Reform Act (Northern Ireland) 2012 or Part 4 of the Welfare Reform Act 2012 (personal independence payment);”.

Section 92.

SCHEDULE 10

Personal independence payment: transitional

General

1. -(1) Regulations under section 92 may in particular make provision for the purposes of, or in connection with, replacing disability living allowance with personal independence payment.

(2) In this Schedule “the appointed day” means the day appointed for the coming into operation of section 76.

Claims before the appointed day

2. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision for a claim for personal independence payment to be made before the appointed day for a period beginning on or after that day;

(b) provision for a claim for personal independence payment made before the appointed day to be treated to any extent as a claim for disability living allowance;

(c) provision for a claim for disability living allowance made before the appointed day to be treated to any extent as a claim for personal independence payment.

(2) The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) before the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).

Claims after the appointed day

3. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision permanently or temporarily excluding the making of a claim for personal independence payment after the appointed day by—

(i) a person to whom disability living allowance is awarded, or

(ii) a person who would be entitled to an award of disability living allowance on making a claim for it;

(b) provision temporarily excluding the making of a claim for personal independence payment after the appointed day by any other person;

(c) provision excluding entitlement to personal independence payment temporarily or for a particular period;

(d) provision for a claim for personal independence payment made after the appointed day to be treated to any extent as a claim for disability living allowance;

(e) provision for a claim for disability living allowance made after the appointed day to be treated to any extent as a claim for personal independence payment.

(2) The provision referred to in paragraph 1(1) includes provision, where a claim for personal independence payment is made (or treated as made) after the appointed day, for an award on the claim to be made in respect of a period before the appointed day (including provision as to the conditions of entitlement for, and the amount of, such an award).

Awards of existing allowance

4. -(1) The provision referred to in paragraph 1(1) includes—

(a) provision for terminating an award of disability living allowance;

(b) provision for making an award of personal independence payment, with or without application, to a person whose award of disability living allowance is terminated.

(2) The provision referred to in sub-paragraph (1)(b) includes—

(a) provision imposing requirements as to the procedure to be followed, information to be supplied or assessments to be undergone in relation to an award by virtue of that sub-paragraph or an application for such an award;

(b) provision as to the consequences of failure to comply with any such requirement;

(c) provision as to the terms on which, and conditions subject to which, such an award is made, including—

(i) provision temporarily or permanently disapplying, or otherwise modifying, conditions of entitlement to personal independence payment in relation to the award;

(ii) provision temporarily or permanently disapplying, or otherwise modifying, any requirement under this Part for a person to be assessed in respect of any of the questions mentioned in section 79(1) or (2);

(d) provision as to the amount of such an award.

Supplementary

5. Regulations under section 92—

(a) may secure the result that any gap in entitlement to disability living allowance is to be disregarded for the purposes of provision under the regulations;

(b) may make provision about cases in which provision made by regulations under section 79(2) (required period condition) is to apply with modifications;

(c) may, for the purposes of provision made by virtue of sub-paragraph (b), provide for a period of entitlement to disability living allowance to be taken into account in determining whether a person meets “the required period condition” for the purposes of section 77(1) or (2) or 78(1) or (2).

Section 101.

SCHEDULE 11

Power to require consideration of revision before appeal

The Child Support (Northern Ireland) Order 1991 (NI 23)

1. In Article 22 (appeals to appeal tribunals), as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (and subsequently amended), after paragraph (2) there is inserted—

“(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision mentioned in paragraph (1)(a) or (b) only if the Department has considered whether to revise the decision under Article 18.

(2B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(2C) Regulations may make provision that, where in accordance with regulations under paragraph (2A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.”.

2. In Article 22 (appeals to appeal tribunals), as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, after paragraph (3) there is inserted—

“(3A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal against a decision only if the Department has considered whether to revise the decision under Article 18.

(3B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the consideration by the Department satisfied any other condition specified in the regulations.

(3C) Regulations may make provision that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 18.”.

3. In Article 47A (pilot schemes) (as inserted by section 32 of the Child Maintenance Act (Northern Ireland) 2008) at the end there is inserted—

“(6) This Article does not apply to regulations under—

(a) paragraph (2A) of Article 22 as substituted by section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

(b) paragraph (3A) of Article 22 as it has effect apart from section 10 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000.”.

4. In Article 48 (regulations and orders), in paragraph (2)(a), after “Article 14(5)(b)),” there is inserted “22(2A), 22(3A)”.

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

5. -(1) Article 13 (appeals against certificates) is amended as follows.

(2) After paragraph (2) there is inserted—

“(2A) Regulations may provide that, in such cases or circumstances as may be prescribed, an appeal may be made under this Article only if the Department has reviewed the certificate under Article 12.

(2B) The regulations may in particular provide that that condition is met only where—

(a) the review by the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the review by the Department satisfied any other condition specified in the regulations.”.

(3) In paragraph (5)(c) after “any such appeal” there is inserted “(or, where in accordance with regulations under paragraph (2A) there is no right of appeal, any purported appeal)”.

6. -(1) Article 28 (regulations and orders) is amended as follows.

(2) In paragraph (1) after “regulations made under Article” there is inserted “13(2A) or”.

(3) After that paragraph there is inserted—

“(1A) Regulations under Article 13(2A) must be laid before the Assembly after being made and take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations are approved by a resolution of the Assembly.”.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

7. -(1) Paragraph 6 of Schedule 7 (housing benefit: appeal to appeal tribunal) is amended as follows.

(2) In sub-paragraph (4), after paragraph (b) there is inserted—

“or where regulations under sub-paragraph (5A) so provide.”.

(3) After sub-paragraph (5) there is inserted—

“(5A) Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal in relation to a decision only if the relevant authority which made the decision has considered whether to revise the decision under paragraph 3.

(5B) The regulations may in particular provide that that condition is met only where—

(a) the consideration by the relevant authority was on an application,

(b) the relevant authority considered issues of a specified description, or

(c) the consideration by the relevant authority satisfied any other condition specified in the regulations.

(5C) Regulations may provide that, where in accordance with regulations under sub-paragraph (5A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under paragraph 3.”.

8. In paragraph 20(4) of Schedule 7 (regulations subject to confirmatory procedure) for “or (4)” there is substituted “, (4) or (5A)”.

The Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)

9. In section 4(2) (regulations regarding reconsideration) after “and” there is inserted “may prescribe”.

10. -(1) Section 5 (appeals to appeal tribunal) is amended as follows.

(2) After subsection (1) there is inserted—

“(1A) Regulations may provide that, in such cases or circumstances as may be prescribed, a person may appeal against a determination made on a claim only if the Department has decided whether to reconsider the determination under section 4.

(1B) The regulations may in particular provide that that condition is met only where—

(a) the decision of the Department was on an application,

(b) the Department considered issues of a specified description, or

(c) the decision of the Department satisfied any other condition specified in the regulations.”.

(3) In subsection (4)(c) after “an appeal under subsection (1)(a)” there is inserted “(or, where in accordance with regulations under subsection (1A) there is no right of appeal, any purported appeal)”.

11. In section 10(2) (Assembly control) after “section 1” there is inserted “or 5(1A)”.

Section 131.

SCHEDULE 12

Repeals

Part 1

Abolition of benefits superseded by universal credit

Short Title

Extent of repeal

The Dogs (Northern Ireland) Order 1983 (NI 8)

Article 7(10)(c) to (g).

The Education Reform (Northern Ireland) Order 1989 (NI 20)

In Article 131(3)(b), the words from “income support,” to “Part 1 of the Welfare Reform Act (Northern Ireland) 2007) or”.

The Child Support (Northern Ireland) Order 1991 (NI 23)

In Article 2(2), the definitions of -

(a) “income support”;

(b) “income-based jobseeker’s allowance”;

(c) “income-related employment and support allowance”.

In paragraph 5(4) of Schedule 1, as it has effect apart from section 1 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, the words from “income support” to “support allowance”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

In section 22 -

(a) in subsections (2)(a) and (5), “contribution-based”;

(b) subsection (8).

In section 44A(7), “contributory”.

In section 121(1), the definition of “contribution-based jobseeker’s allowance”.

Sections 122 to 133.

Section 146(3).

Section 171(6) and (6A).

In Schedule 3, in paragraph 5(6B), “or 4(2)(b)”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Section 1(4)(b).

Sections 2A to 2H.

In section 5 -

(a) subsection (2)(b) and (e);

(b) in subsection (5), “or housing benefit”.

Section 5A(1) to (5).

In section 5B(2)(b), from “or was verified” to the end.

In section 13A -

(a) in subsection (1)(a), the words from “income support” to “employment and support allowance”;

(b) in subsection (1)(b), the words from “or the applicable amount” to “employment and support allowance”;

(c) in subsection (1), in the words after paragraph (b), the words from “or the applicable amount” to “employment and support allowance”;

(d) in subsection (4), in the definition of “qualifying associate”, “income support, an income-based jobseeker’s allowance,”, “or an income-related employment and support allowance,”, “Part VII of the Contributions and Benefits Act”, “the Jobseekers (Northern Ireland) Order 1995,” and “or Part 1 of the Welfare Reform Act (Northern Ireland) 2007”;

(e) in subsection (4), in the definition of “relevant benefits”, paragraph (b).

Section 69(11)(b).

Section 69ZH(1)(c) and (d) (as inserted by section 103 of this Act).

In section 71(1) and (4)(b), “contribution-based”.

In section 72 -

(a) in subsection (1)(b), “income support, an income-based jobseeker’s allowance,” and “or an income-related employment and support allowance”;

(b) in subsection (2)(b), “income support, an income-based jobseeker’s allowance,” and “or an income-related employment and support allowance”;

(c) subsection (3);

(d) in subsection (4) “or (3)” and paragraph (b) and the preceding “and”.

Section 73 (and the preceding cross-heading).

In section 74(6)(d), “income support or an income-based jobseeker’s allowance”.

In the heading to Part 5, “Income support and”.

In section 100 -

(a) in subsection (1)(b), the words from “income support” to “support allowance”;

(b) in subsection (3) the words “Subject to subsection (4) below,”;

(c) subsection (3)(b) and the preceding “or”;

(d) subsection (4).

In section 101(1), (4), (5), (6)(a) and (b), “income support or”.

In section 103(1)(a), “income support or”.

In section 103A -

(a) subsection (3)(b) and (c);

(b) subsections (6) and (7).

Sections 104A and 104AA.

In section 105 -

(a) in subsection (1)(ab), “or 104AA”;

(b) in subsection (3), “or 104A”.

In section 109A -

(a) in subsection (1), “or the Housing Executive”, “69A or 73” and “or the Executive”;

(b) in subsection (1A) (as inserted by section 109 of this Act), “or the Housing Executive” in both places and “69A or 73”;

(c) in subsection (2), “or the Housing Executive” and “or the Executive”;

(d) in subsection (5), “or the Housing Executive” and “or the Executive”;

(e) subsections (7A) and (7B).

In section 109B -

(a) in subsection (1), “or the Housing Executive”;

(b) in subsection (3), “or the Housing Executive”;

(c) in subsection (3)(c), “or the Housing Executive”;

(d) in subsection (4)(a) (as substituted by section 103 of this Act), “or the Housing Executive”;

(e) in subsection (4A) (as so substituted), the words from “(and, where” to the end;

(f) in subsection (6), “or the Housing Executive” in both places.

In section 109C (as inserted by section 112 of this Act) -

(a) in subsection (5), the words from “(and, where” to the end;

(b) in subsection (6), in the definition of “appropriate authority”, paragraph (b) and the preceding “or”.

In section 109D(5) (as inserted by section 112 of this Act), the words from “(and, where” to the end.

In section 110—

(a) in subsection (1), the words “, the Department of the Environment or the Housing Executive”;

(b) in subsection (2)(a), “(other than proceedings to which paragraph (b) applies)” (as substituted by section 107 of this Act);

(c) subsection (2)(b) and the preceding “and”;

(d) in subsection (3)(a), “or of the Department of the Environment” and “or (b)”;

(e) subsection (3)(b) and the preceding “and”.

Section 110ZA.

Section 110A.

Section 115CA(6).

Section 116B(3)(c) and the preceding “or”.

Sections 116C and 116D.

In section 119(1)—

(a) “income support, an income-based jobseeker’s allowance”;

(b) “an income-related employment and support allowance”.

Sections 126 to 128H.

Section 139.

In section 139B—

(a) in subsection (1)(b)(iii), “contribution-based”;

(b) in subsection (6), in the definitions of “alteration” and “component”, “contribution-based”.

In section 139D (as inserted by Schedule 2 to this Act)—

(a) in subsection (1)(b)(iv), “contribution-based”;

(b) in subsection (6), in the definitions of “alteration” and “component”, “contribution-based”.

Sections 140 and 140A.

In section 140B(5), “or 4(2)(a)”.

In section 149(5), in the definition of “the relevant enactments”, paragraph (aj).

Section 155(5)(a) and (d).

Section 155A(5).

Section 158A(3)(b) and (d) and “or” immediately preceding paragraph (d).

In section 158B -

(a) subsection (2);

(b) in subsections (3) to (6), “or (2)” in every place.

Section 163(1)(b).

In section 165, subsections (7), (7A) and (8).

Section 166(2)(aa) and (aaa).

In section 167(1) in the definition of “the Department” -

(a) in paragraph (a), “to 116D”; and

(b) in paragraph (b), “2E, 2F, 2G (except in the second reference in subsection (11)(c))” and “, 116C and 116D”.

In section 167(1) the definitions of—

(a) “contribution-based jobseeker’s allowance”;

(b) “contributory employment and support allowance”;

(c) “income-based jobseeker’s allowance”;

(d) “income-related benefit”;

(e) “income-related employment and support allowance”.

In Schedule 7, paragraph 3(3).

The Social Security (Amendment) (Northern Ireland) Order 1993 (NI 8)

Article 3(2) and (3).

The Children (Northern Ireland) Order 1995 (NI 2)

In Article 2(2) -

(a) the definition of “income-based jobseeker’s allowance”;

(b) the definition of “income-related employment and support allowance”.

In Article 18 -

(a) in paragraph (9), the words from “of income support” to the end;

(b) paragraph (10).

In Article 18C(7)(b), the words from “of income support” to the end.

In Article 24(3), the words from “of income support” to the end.

In Article 39(4), the words from “income support” to the end.

In Article 183 -

(a) in paragraph (1), “to (4)”;

(b) paragraph (4).

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

In Article 2(2)—

(a) in the definition of “claimant”, the words from “except” to the end;

(b) the definitions of “contribution-based jobseeker’s allowance”, “income-based conditions”, “income-based jobseeker’s allowance”, “income-related employment and support allowance”, “joint-claim couple” and “joint-claim jobseeker’s allowance” and “the nominated member”.

Article 3(2A) to (2D) and (4).

In Article 4—

(a) paragraph (1)(d) and the preceding “and”;

(b) in paragraph (3C), in the definition of “benefit”, in sub-paragraph (d), “contribution-based”;

(c) in paragraph (3C), in the definition of “benefit”, sub-paragraph (e) and the preceding “and”.

Articles 5 to 5B.

In Article 6—

(a) in paragraph (1), “contribution-based”;

(b) paragraphs (3), (3A) and (6) to (11A).

Article 6A.

In Article 7—

(a) in the heading and in paragraph (1), “contribution-based”;

(b) in paragraph (2), “contribution-based”, in the first two places;

(c) in paragraph (3), “contribution-based”.

Article 15.

Articles 17 to 19.

In Article 19A(10), the definition of “claimant”.

Article 20.

Article 25.

Articles 27 and 28.

Article 30.

Article 31(6)(c) and (d) and (7).

Article 32.

Article 37(1)(b).

In Article 38—

(a) in paragraphs (1) and (2), “contribution-based”;

(b) paragraph (4).

Article 39.

In Schedule 1—

(a) in paragraph 6(1), “contribution-based”;

(b) paragraphs 8 and 8A;

(c) paragraphs 9 to 10;

(d) in paragraph 11(1), “contribution-based”;

(e) in paragraph 16(1) and (2)(d), “contribution-based”;

(f) paragraph 18(b) and (c).

In Schedule 2 paragraphs 12 to 18, 36(4), 51(3) and (4).

The Social Security Administration (Fraud) (Northern Ireland) Order 1997 (NI 11)

Article 3.

Article 4(1).

Article 5 (and the preceding cross-heading).

Articles 6 to 9.

Article 15.

In Schedule 1, paragraph 2.

 

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

In Schedule 2, in the second column of the table, the reference to income support.

The Social Security (Northern Ireland) Order 1998 (NI 10)

Article 9(3)(c).

In Article 9(4), the words from “, other than” to the end.

In Article 15(12), “or under paragraph 8 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000”.

Article 34 (and the preceding cross-heading).

In Article 39(1) the definition of “claimant” as inserted by the Welfare Reform and Pensions (Northern Ireland) Order 1999.

Article 73(8)(d).

Article 74(7).

In Schedule 2 -

(a) paragraph 1 (and the preceding heading);

(b) paragraph 5A (and the preceding heading);

(c) paragraph 6(b)(i);

(d) paragraph 7 (and the preceding heading).

In Schedule 3 -

(a) in paragraph 3(f), “, 7”;

(b) in paragraph 5, “or 69A”.

In Schedule 6, paragraphs 73, 75, 76, 108, 109 and 114.

The Immigration and Asylum Act 1999 (c. 33)

In section 115 -

(a) in subsection (2) the words from “, to income-related allowance” to “support allowance)”;

(b) subsection (2)(a).

The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)

Articles 54 and 55.

Article 69(3)(a).

In Schedule 7, paragraphs 2, 3(3) and (4), 5 to 7, 10 to 12, 15 and 16.

In Schedule 8, paragraph 27(2), (4), (5) and (7).

In Schedule 9, paragraphs 55, 56, 58, 59 and 61.

The Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)

Section 59.

In section 60(1)(a), “housing benefit or”.

Sections 61 and 62.

In section 69(2) the definition of “the Housing Executive”.

In Schedule 6, paragraph 3.

Schedule 7.

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

Section 1(5).

Section 2(2).

In section 4(2)(a)(ii), “or 104AA”.

Section 4(4).

Section 5.

In section 5A, in the definition of “sanctionable benefit”, in paragraph (a) “other than joint claim jobseeker’s allowance”.

In section 5B—

(a) in subsection (2)(b)(i), “or the Northern Ireland Housing Executive”;

(b) in subsection (2)(b)(ii), “or an authority which administers housing benefit or council tax benefit”;

(c) subsections (6), (7), (9) and (10).

In section 6—

(a) subsections (3), (4), (4B) and (5);

(b) in subsection (10), “7 or” in both places;

(c) in subsection (10)(a), “, 8”.

Section 7.

In section 8—

(a) subsection (1)(a), (b), (bc) and (c); and

(b) subsections (3), (4), (4B) and (5).

In section 9(2), “, 7”.

In section 10(3)—

(a) paragraph (b);

(b) paragraph (d).

In section 12, the definitions of—

(a) “income-based jobseeker’s allowance”, “joint-claim jobseeker’s allowance” and “joint-claim couple”;

(b) “income-related allowance”.

Section 13.

The Social Security Act (Northern Ireland) 2002 (c. 10)

Section 5.

Section 6(2) and (3).

In Schedule 1, paragraphs 6, 7, 8(a), 9 and 10.

The State Pension Credit Act (Northern Ireland) 2002 (c. 14)

Section 15(1)(b).

In section 17(1), the definition of “working tax credit”.

In Schedule 2, paragraphs 2 to 4 and 24 to 26.

The Housing Support Services (Northern Ireland) Order 2002 (NI 8)

Article 8.

The Audit and Accountability (Northern Ireland) Order 2003 (NI 5)

In Schedule 2, paragraphs 4 and 5.

The Income Tax (Earnings and Pensions) Act 2003 (c. 1)

In Schedule 6, paragraphs 200 and 233 to 235.

The Civil Partnership Act 2004 (c. 33)

In Schedule 24, paragraphs 96 to 99, 102(3), 107 and 131 to 137.

The Pensions (Northern Ireland) Order 2005 (NI 1)

Article 213.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

In section 1—

(a) in subsection (2), in the opening words, “either”;

(b) in subsection (2)(a), “Part 1 of” and “that Part of”;

(c) subsection (2)(b) and the preceding “or”;

(d) subsection (3)(e);

(e) in subsection (3)(f), the words from “(and” to “allowance)”;

(f) in subsection (3A), “Part 1 of”;

(g) in subsection (6), the definition of “joint-claim jobseeker’s allowance”;

(h) subsections (6A) and (7).

In section 1A (as inserted by section 52 of this Act)—

(a) in the heading, “contributory”;

(b) in subsections (1) (in both places), (3)(a) and (4), “Part 1 of”.

Section 1B(2) (as inserted by section 53 of this Act).

In section 2, in the heading, “contributory”.

In section 3, in the heading, “contributory”.

Sections 4 to 6.

Section 23.

In section 24(1), the definitions of “contributory allowance”, “income-related allowance” and “income support”.

In section 26(3)(a), “or 4(4)(c) or (5)(c)”.

Section 27(3).

Sections 29 to 36.

Section 38(2).

Sections 42 to 44.

In section 57(1) the definition of “the Housing Executive”.

In Schedule 1—

(a) the heading to Part 1;

(b) paragraph 1(5)(e) and the preceding “and”;

(c) Part 2.

In Schedule 2—

(a) in the headings to paragraphs 6 and 7, “Contributory allowance:”;

(b) paragraph 8;

(c) paragraph 11(b) and (c);

(d) paragraph 12.

In Schedule 3, paragraphs 1, 2(2) and (8), 3(9) and (10), 4(3), (8)(b), (10)(b), (14), (16) and (28)(b) and (c) and 12(4) and (5).

Schedule 4.

In Schedule 5, paragraphs 2, 3, 4 and 6.

The Pensions Act (Northern Ireland) 2008 (c. 1)

In Schedule 1, paragraph 23.

The Child Maintenance Act (Northern Ireland) 2008 (c. 10)

Section 35(2).

 

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

Section 2.

Section 3(1) and (2).

Sections 4 and 5.

Section 8(2)(a).

Section 9.

Section 28(1) and (2).

Section 29.

Section 30(3).

Schedule 2.

In Schedule 3, paragraph 2.

Part 1 of Schedule 4.

In Part 3 of Schedule 4, the entries relating to—

(a) section 2B of the Social Security Administration (Northern Ireland) Act 1992;

(b) paragraph 5A of Schedule 2 to the Social Security (Northern Ireland) Order 1998;

(c) Article 69(3)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;

(d) the Civil Partnership Act 2004.

The Welfare Reform Act (Northern Ireland) 2012

Section 51(1).

Section 53(2).

Section 59(1).

Section 60.

Section 69.

Section 101(9)(e).

Section 103(5).

Section 104(3).

Section 107.

Section 108.

Section 116(6)(c) to (e) and (7)(b).

In section 117—

(a) in subsection (3), “, housing benefit” in all three places;

(b) subsection (7)(k) and (l).

In Schedule 7, paragraphs 3 and 9(2).

In Schedule 9, paragraphs 11, 13, 17 and 18.

In Schedule 11, paragraphs 7 and 8.

PART 2

Entitlement to jobseeker’s allowance without seeking employment

 

Short Title

Extent of repeal

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

Section 4(2)(a), (3) and (4).

Section 8(2)(b).

In section 26(2), in the inserted Article 22E of the Jobseekers (Northern Ireland) Order 1995—

(a) paragraph (1);

(b) in paragraph (2)(c), “or 20A”;

(c) paragraph (2)(d);

(d) in paragraph (3)(a), “13A, 13C,” and “or 20B”;

(e) in paragraph (4)(a), “13A”.

In section 26—

(a) in subsection (3)(d), the words from “(as” to “Schedule 1)”;

(b) in subsection (3)(e), the words from “(as” to “Schedule)”;

(c) subsection (5).

Schedule 1.

In Part 3 of Schedule 4, the entries relating to—

(a) Articles 17A and 19A(10) of the Jobseekers (Northern Ireland) Order 1995;

(b) paragraphs 3(2), (3) and (4)(b), 4, 5(1), 13 and 14 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999;

(c) paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007.

PART 3

Jobseeker’s allowance: responsibilities for interim period

Short Title

Extent of repeal

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

In Article 2(2), the definition of “jobseeker’s agreement”.

Article 10(2)(ca) and (d), (2A) and (3).

Article 19A(5)(d) to (f) and (6) to (9).

Article 22(4) to (6).

Articles 22A to 22D.

In Article 37(1)(c), “22D(6)”.

The Social Security (Northern Ireland) Order 1998 (NI 10)

In Schedule 3, in paragraph 3(d), “or 22A”.

In Schedule 6, paragraphs 105, 106 and 110.

The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)

In Schedule 7, paragraphs 9, 13 and 14.

In Schedule 8, paragraph 27(3)(b) and (5).

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

Section 1(4) and (5).

Section 20.

Section 26(3)(d) and (e) and (4).

Section 27.

In Part 3 of Schedule 4, the entries relating to Articles 10(3) and 11(13) of the Jobseekers (Northern Ireland) Order 1995.

PART 4

Jobseeker’s allowance: responsibilities after introduction of universal credit

Short Title

Extent of repeal

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Section 69ZH(1)(b) (as inserted by section 103 of this Act).

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

In Article 2(2) -

(a) in the definition of “employment”, “except in Article 9,”;

(b) the definition of “employment officer” (as inserted by section 45(2) of this Act);

(c) the definition of “jobseeker’s direction” (as inserted by Schedule 7 to this Act);

(d) the definition of “training”.

Article 19A, so far as not otherwise repealed.

Article 19B.

Articles 21 to 21C (as substituted by section 47(1) of this Act).

Article 22(1) to (3), (7) and (8).

Article 22E, so far as not otherwise repealed.

Article 24(2).

Article 36(2A) (as inserted by Schedule 7 to this Act) and (4).

In Article 37(1) -

(a) in sub-paragraph (a)(i), “8, 9”;

(b) sub-paragraph (ab) (as inserted by section 47(2) of this Act);

(c) in sub-paragraph (c), “8B or”.

In Schedule 1, paragraph 8B.

The Social Security (Northern Ireland) Order 1998 (NI 10)

In Schedule 3, paragraph 8 (and the preceding heading).

In Schedule 6, paragraphs 103, 104 and 111.

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

Section 1(1) to (3).

Section 23.

Section 26(1) to (3).

The Welfare Reform Act (Northern Ireland) 2012

Section 45(2), (4) and (5).

Section 46.

Section 47(1) and (2).

In Schedule 7, paragraphs 1, 2, 4, 5, 7, 8, 9(1), (3) and (4), 10 and 13.

PART 5

Employment and support allowance: responsibilities after introduction of universal credit

Short Title

Extent of repeal

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

Section 1C (as inserted by section 55 of this Act).

Section 16A (as inserted by section 57 of this Act).

Section 24(3A) and (3B).

Section 26(3)(b).

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

Section 3(3) to (5).

Section 8, so far as not otherwise repealed.

Section 10.

The Welfare Reform Act (Northern Ireland) 2012

Section 55(3) to (5).

Sections 56 and 57.

Section 59(2).

PART 6

Industrial injuries arising before 5 July 1948

Short Title

Extent of repeal

The Pneumoconiosis, etc.,

(Workers’ Compensation) (Northern Ireland) Order 1979 (NI 9)

 

In Article 2(2), the definition of “death benefit”.

In Article 4(3)(b), the words from the beginning to “disease, or”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

In section 3(2), the words “other than those of Schedule 8”.

In section 121(1) -

(a) in the definition of “industrial injuries benefit”, the words “, other than under Schedule 8 to this Act”; and

(b) the definition of “Old Cases payments”.

In section 133(1), the definition of “industrial injuries regulations”.

In section 133(2)(g) the words “or the industrial injuries regulations”.

In section 146(2) -

(a) in the definition of “attendance allowance”, paragraph (d); and

(b) in the definition of “unemployability supplement or allowance”, paragraph (b)(i).

In Schedule 6, paragraph 8(1)(b) and (2)(b).

In Schedule 7, in paragraph 20(2), the words from “, and in particular” to the end.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

 

 

 

 

 

 

Section 144(4) and (5).

In section 149(5)(a) the words “and Old Cases payments”.

Section 161.

Section 164(3).

In section 167(1) -

(a) in the definition of “industrial injuries benefit”, the words “, other than under Schedule 8”; and

(b) the definition of “Old Cases payments”.

Schedule 6.

PART 7

Social Fund: ending of discretionary payments

Short Title

Extent of repeal

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

In section 134—

(a) in subsection (1), the “and” preceding paragraph (b);

(b) subsections (3) and (5).

Sections 135 and 136.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Section 10.

Section 69ZA.

Section 74(1) to (3D) and (5) to (8).

Section 147.

In Schedule 4, in Part 1—

(a) the heading “The social fund”;

(b) under that heading, the entries relating to the social fund Commissioner, a social fund inspector and a member of any staff employed in connection with the social fund.

The Children (Northern Ireland) Order 1995 (NI 2)

In Schedule 9, paragraph 186.

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

Article 33(2).

In Schedule 2, paragraph 34.

The Social Security (Northern Ireland) Order 1998 (NI 10)

Article 9(1)(b).

In Article 10(1), “Subject to Article 36(3),”.

In Article 11(1), “and Article 36(3)”.

Articles 36 to 38.

Article 66(2).

Article 67.

Article 71.

In Schedule 6, paragraphs 53, 54 and 80.

The Freedom of Information Act 2000 (c. 36)

In Schedule 1, in Part 7, the entry relating to the social fund Commissioner appointed under Article 37 of the Social Security (Northern Ireland) Order 1998.

The Civil Partnership Act 2004 (c. 33)

In Schedule 24, paragraph 113.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

Section 50.

In Schedule 7, paragraphs 1(3), 2(3) and (4) and 4.

The Welfare Reform Act (Northern Ireland) 2012

Sections 71 and 72.

Sections 104(2) and (4).

PART 8

Disability living allowance

Short Title

Extent of repeal

The Child Support (Northern Ireland) Order 1991 (NI 23)

In Article 10(8)(a), the words “or a disability living allowance”.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

In section 30B(4) -

(a) in paragraph (aa) (as inserted by paragraph 2 of Schedule 9 to this Act), the word “or”;

(b) paragraph (b).

Section 64(1A)(b).

In section 146(2), paragraph (b) of the definition of “attendance allowance”.

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

In Schedule 5, paragraph 1.

The Finance Act 1994 (c. 9)

In Schedule 7A -

(a) in paragraph 3(2)(a), the words “a disability living allowance by virtue of entitlement to the mobility component or of”;

(b) in paragraph 3(3), the words “disability living allowance or”;

(c) paragraph 3(4)(b).

The Value Added Tax Act 1994 (c. 23)

In Part 2 of Schedule 7A, in note 6 to Group 3, sub-paragraph (2)(b).

In Part 2 of Schedule 8, in Group 12 -

(a) in item 14, the words “disability living allowance by virtue of entitlement to the mobility component or of”;

(b) in note (6), in paragraph (b), the words “mobility component of the disability living allowance or”

(c) in note (7), paragraph (a).

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

 

Article 25(2)(a)(ii).

The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12)

In Schedule 2, in the second column of the table -

(a) the entry for the care component of disability living allowance;

(b) the entry for the mobility component of disability living allowance.

The Social Security (Northern Ireland) Order 1998 (NI 10)

In Schedule 3, paragraph 3(b).

 

The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)

Article 64.

The Immigration and Asylum Act 1999 (c. 33)

In section 115(2)(b), the words “disability living allowance or”.

The Capital Allowances Act 2001 (c. 2)

Section 268D(2)(a).

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

In section 5A, paragraph (d)(iii) of the definition of “sanctionable benefit”.

The Income Tax (Earnings and Pensions) Act 2003 (c. 1)

In section 677(1), in Part 1 of Table B, the entry relating to disability living allowance.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

Sections 48, 49 and 54(2).

In Schedule 3 -

(a) paragraph 4(28)(a);

(b) paragraph 10(5)(b).

In Schedule 7, paragraph 1(2).

The Pensions Act (Northern Ireland) 2008 (c. 1)

In Schedule 1, paragraph 39.

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

Section 13.

PART 9

Powers to require information relating to claims and awards

Short Title

Extent of repeal

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Section 119A and the preceding cross-heading.

The Social Security Administration (Fraud) (Northern Ireland) Order 1997 (NI 11)

Article 10.

The Social Security (Northern Ireland) Order 1998 (NI 10)

Article 22(4).

Article 70.

The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)

In Schedule 8, paragraph 32(2)(c).

The State Pension Credit Act (Northern Ireland) 2002 (c. 14)

In Schedule 1, paragraphs 3(b) and 8.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

Section 44(3).

Part 10

Recovery of benefit payments

Short Title

Extent of repeal

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

In section 69 -

(a) subsection (7);

(b) in subsection (8)(b), “or (7)”;

(c) subsection (10A);

(d) subsection (11)(aa) and (ac).

The Jobseekers (Northern Ireland) Order 1995 (NI 15)

Article 33(1).

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

In Schedule 3, paragraph 4(6).

PART 11

Loss of benefit

Short Title

Extent of repeal

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

In section 109C(1)(d) (as inserted by section 112(2) of this Act) “or cautioned”.

In section 109D(1)(c) and (2)(c) (as inserted by section 112(2) of this Act) “or cautioned”.

The Social Security Fraud Act (Northern Ireland) 2001 (c. 17)

In section 5B -

(a) in subsection (11A)(c) (as inserted by section 113(4) of this Act), “or (c)”;

(b) in subsection (13), in the definition of “disqualifying event”, the words from “or the caution” to the end.

In section 5C, subsection (4)(a)(ii) and the preceding “or”.

In sections 7(8)(a) and 8(8)(a), “or M being cautioned in relation to the offence to which the old agreement relates”.

In section 10(3), the word “or” immediately preceding paragraph (d).

In section 12, the definition of “cautioned”.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

Section 45.

The Welfare Reform Act (Northern Ireland) 2010 (c. 13)

In Schedule 3, paragraphs 1(4) and 6(3).

PART 12

Information-sharing

Short Title

Extent of repeal

The Social Security Administration (Northern Ireland) Act 1992 (c. 8)

In section 115D -

(a) in subsection (2), the words “subject to subsection (2A),”, “social security,” and “or employment or training”;

(b) subsection (2ZA);

(c) subsection (2A).

In section 115E -

(a) in subsection (1), the words “social security,” and “or employment or training”;

(b) subsection (1A);

(c) in subsection (2), “(subject to subsection (2A))”;

(d) subsection (2A).

Sections 116 and 116ZA.

The Welfare Reform and Pensions Act 1999 (c. 30)

In Schedule 11, paragraph 17.

The Tax Credits Act 2002 (c. 21)

In Schedule 5, paragraph 12.

The Employment Act 2002 (c. 22)

In Schedule 6, paragraphs 7, 8, 12(a) and (b) and 14(b) and (c).

The Commissioners for Revenue and Customs Act 2005 (c. 11)

In Schedule 4, paragraph 49.

The Welfare Reform Act (Northern Ireland) 2007 (c. 2)

In Schedule 3, paragraph 4(12).

The Child Maintenance Act (Northern Ireland) 2008 (c. 10)

In Schedule 4, paragraph 2(4) and (6).

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