Citation and commencement

1.—(1) These Regulations may be cited as the Benefit Cap (Annual Limit) (Amendment) Regulations (Northern Ireland) 2023.

(2) These Regulations come into operation on 1st April 2023.

(3) The amendments made by regulations 2 and 3 apply in relation to an award of universal credit whenever made but only in relation to each assessment period( 4) in respect of that award which begins on or after 10th April 2023.

(4) The amendments made by regulations 2 and 4 apply only on and after 3rd April 2023 in relation to housing benefit in respect of rent payable at intervals of a week or any multiple of a week.

(5) In this regulation “ housing benefit” means housing benefit under the Housing Benefit Regulations (Northern Ireland) 2006( 5).

Amendment of the Welfare Reform Order

2.  In Article 101(5A) of the Welfare Reform (Northern Ireland) Order 2015 (benefit cap)( 6) for “£20,000 or £13,400” substitute “£22,020 or £14,753”.

Amendment of the Universal Credit Regulations

3.  In regulation 80A(2) of the Universal Credit Regulations (Northern Ireland) 2016 (relevant amount)( 7)—

(a) in sub-paragraph (a) for “£13,400” substitute “£14,753”;

(b) in sub-paragraph (b) for “£20,000” substitute “£22,020”.

Amendment of the Housing Benefit Regulations

4.  In regulation 73CA(2) of the Housing Benefit Regulations (Northern Ireland) 2006 (determination of the relevant amount)( 8)—

(a) in sub-paragraph (a) for “£13,400” substitute “£14,753”;

(b) in sub-paragraph (b) for “£20,000” substitute “£22,020”.

Explanatory Note

(This is not part of the Regulations)

These Regulations are made following a review by the Secretary of State under section 96A of the Welfare Reform Act 2012 (c. 5), and amend the sums specified as the annual limit for the purposes of the benefit cap.

Regulation 1 brings these Regulations into operation for all purposes on 1st April 2023 subject to the provisions in regulation 1(3) and (4). The amended annual limits will only apply to an award of universal credit in relation to each assessment period commencing on or after 10th April 2023. For an award of housing benefit in respect of which rent is paid at intervals of a week or multiples thereof, the amended annual limits will only apply from 3rd April 2023.

Regulation 2 amends the annual limit as set out in section 101(5A) of the Welfare Reform (Northern Ireland) Order 2015( S.I. 2015 No. 2006).

Regulation 3 makes a consequential amendment to the Universal Credit Regulations (Northern Ireland) 2016 ( S.R. 2016 No. 216) as, in order to calculate and apply the benefit cap, the annual limit is also specified in the secondary legislation.

Regulation 4 makes a consequential amendment to the Housing Benefit Regulations (Northern Ireland) 2006 ( S.R. 2006, No. 405)as, in order to calculate and apply the benefit cap, the annual limit is also specified in the secondary legislation.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraphs 3A and 10 of schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8)are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, public or voluntary sectors is foreseen.