This Statutory Rule has been made in consequence of a defect in S.R. 2017 No. 70, S.R. 2018 No. 135, S.I. 2021/786, S.I. 2022/177, S.R. 2022 No. 194 and S.R. 2019 No. 152 and is being issued free of charge to all known recipients of that Statutory Rule.
2025 No. 3
Social Security
The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025
Made 16th January 2025
Coming into operation 27th January 2025

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2), (3) and (5) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, and now vested in it, sections 2(3)(b) and 19(1) of the State Pension Credit Act (Northern Ireland) 2002, Articles 16(4), 38, 48(1) and (2) of and paragraphs 1(1), 4, 6 and 7 of Schedule 6, to the Welfare Reform (Northern Ireland) Order 2015.

The powers are exercisable by the Department for Communities by virtue of Article 2 of the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 2020.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025.
(2) Subject to paragraphs (3) and (4), these Regulations come into operation on 27th January 2025.
(3) Regulation 6(2)(b) (and regulation 6(1) insofar as it relates to regulation 6(2)(b)) comes into operation on 6th April 2025.
(4) Regulation 6(8) (and regulation 6(1) insofar as it relates to regulation 6(8)) comes into operation on 1st June 2025.
(5) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the State Pension Credit Regulations (Northern Ireland)
2 

(1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended as follows.
(2) In Schedule 2A (additional amount applicable for claimants responsible for a child or qualifying young person)—
(a) in paragraph 2(1) (general), after the definition of “child”, insert—“
 “foster parent” has the meaning given in regulation 2(1) (interpretation) of the Universal Credit Regulations (Northern Ireland) 2016;”
(b) in paragraph 4(3) (child or qualifying young person looked after by an authority)—
(i) at the end of head (a), omit “or”;
(ii) at the end of head (b), for “.” substitute “; or”;
(iii) after head (b), insert—“
(c) during which the child or qualifying young person is placed for adoption under the Adoption (Northern Ireland) Order 1987.”.
Amendment of the Housing Benefit Regulations (Northern Ireland)
3 

(1) The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows.
(2) In regulation 2(1) (interpretation) in the definition of “member of a couple who cannot share a bedroom” in paragraph (a)—
(a) in sub-paragraph (i) omit “at the higher rate in accordance with section 65(3) of the Act”;
(b) in sub-paragraph (ia) omit “at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024”.
Amendments of the Housing Benefits (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland)
4 

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended as follows.
(2) In regulation 2(1) (interpretation) in the definition of “member of a couple who cannot share a bedroom” in paragraph (a)—
(a) in sub-paragraph (i) omit “at the higher rate in accordance with section 65(3) of the Act”;
(b) in sub-paragraph (ia) omit “at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024”.
Amendment of the Universal Credit Regulations (Northern Ireland)
5 

(1) The Universal Credit Regulations (Northern Ireland) 2016 are amended as follows.
(2) In paragraph 11 (additional room) of Schedule 4 (housing costs element for renters)—
(a) for sub-paragraph (6) substitute—“
(6) A renter satisfies the disabled child condition if they or another member of their extended benefit unit are responsible for a child who would (but for the provisions of this paragraph) be expected to share a bedroom and that child is—
(a) in receipt of—(i) the care component of disability living allowance at the middle or highest rate; or(ii) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations; and
(b) that child is, by virtue of their disability, not reasonably able to share a room with another child;”
(b) in sub-paragraph (6A)(a)—
(i) in sub-paragraph (ii) omit “at the higher rate”;
(ii) in sub-paragraph (iia) omit “at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024”.
Amendment of the Universal Credit (Transitional Provisions) Regulations (Northern Ireland)
6 

(1) The Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 are amended as follows.
(2) In regulation 4A (restriction on claims for housing benefit, income support or a tax credit)—
(a) After paragraph (8) insert—“
(9) Despite anything in paragraph (6) or (7) or in the Tax Credits (Claims and Notifications) Regulations 2002, 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 6th April 2025 or any subsequent tax year.”;
(b) in paragraph (9) (as inserted by sub-paragraph (a)) omit “paragraph (6) or (7) or in”.
(3) In regulation 6A (transitional housing payment)—
(a) in the opening words omit “or 47”;
(b) in paragraphs (a) and (b) omit “or 47(1)”.
(4) In regulation 9 (ongoing awards of tax credits) after paragraph (2) insert—“
(3) This regulation applies in relation to a current tax year that ends on or before 5th April 2025 only.”.
(5) In regulation 22 (other claimants with limited capability for work: credits only cases)—
(a) in the heading omit “: credits only cases”;
(b) for paragraph 1(a) (but not the “and” after it) substitute—“
(a) an award of universal credit is made to a claimant—(i) who was entitled to be credited with earnings equal to the lower earnings limit then in operation under regulation 8B(2)(a)(iv), (iva) or (v) of the Social Security (Credits) Regulations (Northern Ireland) 1975 (“the 1975 Regulations”) on the date which the claim for universal credit was made or treated as made (the “relevant date”); or(ii) who claims or is treated as claiming universal credit within the period of one month beginning with the day after the day on which an award of new-style ESA or old-style ESA ends and would have been so entitled on the relevant date but for reaching the qualifying age for state pension credit;”.
(6) In regulation 45 (migration notice)—
(a) in paragraph (3), at the beginning insert “Subject to paragraphs (3A) and (3B),”;
(b) in paragraph (3A), omit “But” and for “where” substitute “Where”;
(c) after paragraph (3A) insert—“
(3B) Where a migration notice is—
(a) issued to a person who is entitled to an award of tax credit; and
(b) issued on or after 27th January 2025 and before 6th April 2025, the deadline day may be 6th April 2025.”.
(7) In regulation 51 (Department to determine whether transitional protection applies) after paragraph (2) insert—“
(3) A person who makes a claim for universal credit as a single person by virtue of regulation 3(2) of the Universal Credit Regulations (Northern Ireland) is a single person for the purposes of paragraph (1)(a) and a member of a couple for the purposes of paragraph (1)(b).”.
(8) In regulation 56 (the transitional element – initial amount and adjustment where other elements increase)—
(a) in paragraph (4)—
(i) for “paragraph (5)” substitute “paragraphs (5) and (5A)”;
(ii) after “the first time” insert “, or included again following a change of circumstances”;
(b) after paragraph (5) insert—“
(5A) There is to be no “relevant increase” with respect to the inclusion of a housing costs element in a case where the claimant was entitled to an award of housing benefit in respect of specified accommodation or temporary accommodation within the month ending with the first day of the assessment period in which the housing costs element is included.”;
(c) in paragraph (6) after “this regulation” insert ““housing costs element”,”.
(9) In regulation 61(1) (protection for full-time students until course completed)—
(a) for “notified person”, in the first place it occurs, substitute “person who has made a qualifying claim”;
(b) for “on the day on which all awards of any existing benefit are to terminate as a consequence of a claim for universal credit” substitute “on the migration day”;
(c) for “notified person,” in the second place it occurs, substitute “person”.
(10) In regulation 61B(1) (deferral of retirement pension income) before “claim” insert “qualifying”.
Sealed with the Official Seal of the Department for Communities on 16th January 2025
(L.S.)David Tarr
A Senior officer of the Department for Communities
