Legislation Update: Universal Credit

The 27^th September 2017 sees the official “roll out” of Universal Credit in Northern Ireland.

The precursor to this “roll out” is the introduction of a wealth of statutory instruments, bringing into force laws which regulate for the specifics of Universal Credit. This article highlights some of the most recent key legislative updates over the past couple of months.

Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017

Made: 6 July 2017

Commencement: Immediately after the coming into operation of the Universal Credit Regulations (NI) 2016

These Regulations amend the 2015 Order to the effect that housing costs will not be payable to renters who are aged between 18 and 21 who are single and subject to all work-related requirements. There are a number of exemptions to protect vulnerable claimants so that they continue to receive the housing support that they need.

The exemptions to the policy are set out in paragraphs 4B and 4C of Schedule 4 (housing costs element for renters) of the 2016 Regulations as inserted by regulation 2(3)(c) of these Regulations.

Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017

Made: 6 July 2017

Commencement: Immediately after the coming into operation of the Universal Credit Regulations (NI) 2016

These Regulations amend provisions in the Universal Credit Regulations (NI) 2016 relating to the inclusion of an amount in respect of a claimant who has limited capability for work. Additionally, the Regulations amend requirements relating to the number of hours that a claimant is expected to look for work in any week where the claimant has a child under compulsory school age.

Discretionary Financial Assistance (Amendment) Regulations (Northern Ireland) 2017, (Statutory Rule No.143/2017)

Made: 6 July 2017

Commencement: Immediately after the coming into operation of the Universal Credit Regulations (NI) 2016

These Regulations amend the Discretionary Financial Assistance Regulations (Northern Ireland) 2001 (S.R. 2001 No.216), which provide the legal framework that enables the NIHE to make Discretionary Housing Payments (DHPs) to housing benefit claimants where a claimant requires further financial assistance towards housing costs.

These Regulations extend the circumstances under which a Discretionary Housing Payment may be made to include circumstances where a person is entitled to receive Universal Credit and requires further financial assistance in order to meet housing costs and either

• the amount of the housing costs element of Universal Credit has been determined in relation to a cap rent (LHA rates)
• the amount of housing costs element received has been reduced due to the Benefit Cap

The Regulations also provide that DHPs will not be payable in respect of a deduction for which the claimant is receiving a Welfare Supplementary Payment.

Preparing you for Universal Credit

It's vital that anyone working in housing is prepared for the impact Universal Credit will have on people in receipt of benefits.  We have courses coming up in Derry/Londonderry and Belfast that will help you prepare.