EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend and modify Schedule 5 (deductions from benefits and direct payment to third parties), to the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 (S.R 2016 No. 220) (“the 2016 Regulations”).

Regulation 2 amends paragraph 5(2) (priority as between certain debts) of Schedule 5 to the 2016 Regulations to move “regulation (3) (deductions from debtor’s universal credit) of the Fines Regulations” in the order of priority under which the Department makes deductions from Universal Credit to maintain parity with the corresponding Statutory Instrument.

Regulation 3 modifies paragraph 5(2) and paragraph 5(4) of Schedule 5 to the 2016 Regulations to move “deductions from benefit in respect of child support maintenance and payment to persons with care”, in the order of priority under which the Department makes deductions from Universal Credit. The modifications have the effect that deductions for child maintenance have priority over the other deductions listed in paragraph 5(2).

Under regulation 1, regulation 3 will cease to have effect on 30th April 2026 at midnight.

Regulation 4 revokes regulation 5(c) of the Social Security (Fines) (Deduction from Benefits) Regulations (Northern Ireland) 2021.

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 paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, 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 significant impact on the private, voluntary or public sector is foreseen.