Words in regulation 7(1) substituted by the Social Security, Universal Credit and State Pension (Miscellaneous Amendments) Regulations (Northern Ireland) 2023

The Social Security, Universal Credit and State Pension (Miscellaneous Amendments) Regulations (Northern Ireland) 2023 (S.R. 2023/93) substituted words in regulation 7(1) of The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016, with effect from 29 June 2023¹. The same instrument substituted words in regulation 25(2) of The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 on the same date².

The 2016 transitional regulations set out who may not claim certain benefits once universal credit is in place. Regulation 7(1) provides that, except as provided in paragraph (2), a claimant is not entitled to income support, housing benefit, a tax credit or state pension credit¹. The same regulation states that, except as provided by paragraphs (2) to (5), a person may not make a claim for housing benefit, income support or a tax credit¹.

The exceptions in the regulation cover housing benefit claims for specified accommodation or temporary accommodation, and claims by a single person who has reached the qualifying age for state pension credit, or by a member of a State Pension Credit Act couple where both members have reached that age, or a member of a polygamous marriage where all members have reached that age¹. The regulation also provides that a person may not make, or be treated as making, a claim for a tax credit in respect of the whole, or any part, of the tax year beginning on 6 April 2025 or any subsequent tax year¹.

The equivalent Great Britain instrument, The Social Security and Universal Credit (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/543), substituted words in regulation 26(2) of The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 on the same date, 29 June 2023³.

Why it matters for households

The transitional regulations govern the boundary between universal credit and the benefits it replaces, including income support, housing benefit, tax credits and state pension credit¹. The wording of regulation 7(1) determines which of those benefits a universal credit claimant can still be entitled to, and which claims a person may still make¹. The exceptions preserve housing benefit claims for specified accommodation and temporary accommodation, and preserve housing benefit and state pension credit claims for people who have reached the qualifying age for state pension credit, including couples where both members have reached that age¹.

The tax credit restriction in the regulation applies to claims for the tax year beginning on 6 April 2025 and any subsequent tax year¹. The 2016 regulations define "existing benefit" as income-based jobseeker's allowance, income-related employment and support allowance, income support, housing benefit, and child tax credit and working tax credit under the Tax Credits Act 2002¹.

The claims and payments regulations set out how claims are made, including that a claim for universal credit must be made by electronic communication in accordance with the provisions set out in Schedule 1, and that a claim for universal credit must be made on the first day of the period in respect of which the claim is made². For Northern Ireland, a claim for universal credit may be made by telephone call to the number specified by the Department if the claim falls within a class of case for which the Department accepts telephone claims².

What happens next

The 2016 transitional regulations state that there are currently no known outstanding effects for them¹. The 2013 claims and payments regulations are up to date with all changes known to be in force on or before 27 September 2026, and there are changes that may be brought into force at a future date³. No further commencement date for the substituted wording in regulation 7(1) has been reported beyond 29 June 2023¹.