Social Security Citation, commencement and interpretation 1 1 These Regulations may be cited as the Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018. 2 Subject to paragraph (3), these Regulations come into operation on 28th November 2018. 3 Regulations 3(2) and (8)(a) to (b) and 6 come into operation on 31st December 2018. 4 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendments to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 2 In Schedule 1 (applicable amounts) to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 — a in paragraph 12 (higher pensioner premium), in sub-paragraph (1)(a)(i) for “paragraph 14(1)(a), (c), (e), (f) or (h)” substitute “paragraph 14(1)(a), (ba), (c), (ca), (e), (f), (fa) or (h)”; b in paragraph 13 (disability premium) in sub-paragraph (1)(a) and (b) for “paragraph 14(1)(a), (c), (e), (f) or (h)” substitute “paragraph 14(1)(a), (ba), (c), (ca), (e), (f), (fa) or (h)”. Amendments to the Universal Credit Regulations (Northern Ireland) 2016 3 1 The Universal Credit Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) to (8). 2 In regulation 7(2) (rounding), omit paragraph (c) and the “and” preceding it. 3 In regulation 25A (availability of the child element where maximum exceeded)— a in paragraph (1)— i before sub-paragraph (a), insert— za any child or qualifying young person to whom an exception applies in the circumstances set out in— i paragraph 3 (adoptions) or paragraph 4 (non-parental caring arrangements) of Schedule 12; or ii paragraph 6 of Schedule 12 (continuation of existing exception in a subsequent award) by virtue of an exception under paragraph 3 of that Schedule having applied in relation to a previous award; ; and ii in sub-paragraph (b)(ii), after “person” insert “in the circumstances set out in paragraph 2 (multiple births), paragraph 5 (non-consensual conception) or, except where sub-paragraph (za) applies, paragraph 6 (continuation of existing exception in a subsequent award) of Schedule 12”; and b omit paragraph (4). 4 In regulation 25B (order of children and qualifying young persons)— a in paragraph (1)— i for “paragraph (2)” substitute “paragraphs (2) and (2A)”, and ii for “the following date” to the end of paragraph (1)(b) substitute “the date of birth of each child or qualifying young person for whom the claimant is responsible, taking the earliest date first.”; b omit paragraph (2)(b) and the “or” preceding it; and c after paragraph (2) insert — 2A Any child or qualifying young person to whom regulation 25A(1)(za) applies is to be disregarded when determining the order of children and qualifying young persons under this regulation. . 5 In regulation 53(2)(b) (calculation of earned income – general principles) for “unearned” substitute “earned”. 6 In regulation 54(6) (surplus earnings) in the definition “the old award” for “11th April 2018” substitute “8th May 2018”. 7 In regulation 77(5) (company analogous to a partnership or one person business), for “or Chapter 9” to the end, substitute “, Chapter 9 (managed service companies) or Chapter 10 (workers’ services provided to public sector through intermediaries) of Part 2 of ITEPA and that income is derived from activities that are the person’s main employment”. 8 In Schedule 4 (housing cost element for renters)— a in the heading of Part 2 (exceptions to the inclusion of housing costs element), for “Exceptions” substitute “Exception”; b omit paragraphs 4A to 4C; and c in paragraph 28— i in sub-paragraph (1), for “(5)” substitute “(5A)”; ii after sub-paragraph (5) insert— 5A E is under 35 years old and satisfies the foster carer condition (within the meaning of paragraph 11(4)). . Amendments to the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 4 1 The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) and (3). 2 In regulation 3A (entitlement to universal credit and housing benefit: universal credit work allowance) omit “not” the second time it occurs. 3 After regulation 8 (treatment of overpayments) insert— Arrears of benefit disregarded as capital 8A 1 This regulation applies in relation to the calculation of an award of universal credit (the “current award”) where the claimant has received a payment of arrears of benefit, or a concessionary payment made to compensate for arrears of benefit, of £5,000 or more, and the following conditions are met: a the payment— i is received during the current award, or ii was received during an award of an existing benefit (the “earlier award”) and the claimant became entitled to the current award within one month of the date of termination of the earlier award; b in the case of a payment falling within sub-paragraph (a)(i), it would be disregarded from the calculation of the claimant’s capital if the claimant were entitled to an existing benefit; c in the case of a payment falling within sub-paragraph (a)(ii), it was disregarded from the calculation of the claimant’s capital for the purposes of the earlier award; and d the period of entitlement to benefit to which the payment relates commences before the first date on which, by virtue of Article 39 of the Order (abolition of benefits), no claimant is entitled to an existing benefit. 2 Where this regulation applies, the payment is to be disregarded from the calculation of a claimant’s capital for 12 months from the date of receipt of the payment, or until the termination of the current award (if later). . Amendments to the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) (Amendment) Regulations (Northern Ireland) 2017 5 In the following provisions of the Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) (Amendment) Regulations (Northern Ireland) 2017 for “an exception in Schedule 12 (availability of the child element where maximum exceeded – exemptions) of the Universal Credit Regulations (Northern Ireland) 2016 would apply” substitute “the child element would be payable”— a regulation 4(2) (restrictions on amounts for children and young persons – consequential changes to income support); and b regulation 5(2) (restrictions on amounts for children and young persons - consequential changes to jobseeker’s allowance). Revocation of the Universal Credit (Housing Costs Element for Claimants Aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017 6 The Universal Credit (Housing Costs Element for Claimants Aged 18 to 21) (Amendment) Regulations (Northern Ireland) 2017 are revoked. Signed by authority of the Secretary of State for Work and Pensions Justin Tomlinson Parliamentary Under-Secretary of State Department for Work and Pensions 30th October 2018