
1 

(1) These Regulations may be cited as the Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations (Northern Ireland) 2021 and come into operation on 15th December 2021.
(2) These Regulations apply in relation to a claim for universal credit that is made on or after 15th December 2021.
(3) Any amendment made by these Regulations has the same extent as the provision amended.
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Regulation 14 of the Universal Credit Regulations (Northern Ireland) 2016 (exceptions to the requirement not to be receiving education) is amended as follows—
(a) for paragraph (1)(b) substitute—“
(b) the person is entitled to attendance allowance, disability living allowance, child disability payment or personal independence payment and, on a date before the date on which the person starts receiving education—
(i) it has been determined that the person has limited capability for work or limited capability for work and work-related activity on the basis of an assessment under Part 5 or under Part 4 or 5 of the ESA Regulations; or
(ii) the person is treated as having limited capability for work under Schedule 8 or limited capability for work and work-related activity under Schedule 9;”;
(b) omit paragraph (2).
3 
Regulation 19 of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (transition from old style ESA) is amended as follows—
(a) in paragraph (2)(b), for “the Order.” substitute—“the Order; and
(c) the claimant is to be treated as if the determination that they have limited capability for work, for the purposes of regulation 14(1)(b) of the Universal Credit Regulations, was made before the date on which the claimant started receiving education (see regulations 12(2) and 13 of the Universal Credit Regulations).”;
(b) in paragraph (4)—
(i) in sub-paragraph (a), omit the “and” at the end;
(ii) in sub-paragraph (b) for “the Order”.” substitute—“the Order; and
(c) the claimant is to be treated as if the determination that they have limited capability for work and work-related activity, for the purposes of regulation 14(1)(b) of those Regulations, was made before the date on which the claimant started receiving education.”.
Sealed with the Official Seal of the Department for Communities on 22nd November 2021
(L.S.)Anne McCleary
A senior officer of the Department for Communities
