Westminster Policy News & Legislative Analysis

Northern Ireland sets ESA conversion Dec 2025; JSA/IS by Apr 2026

The Department for Communities has made S.R. 2025 No. 176, the Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 18) (Abolition of Benefits) Order (Northern Ireland) 2025, on 12 November 2025. The Order appoints dates to complete key elements of the move from legacy working‑age benefits to universal credit under Article 39 of the Welfare Reform (Northern Ireland) Order 2015 and related amendments in Schedule 12.

From 1 December 2025, the ‘amending provisions’ take effect for awards of old style Employment and Support Allowance (ESA) that are wholly attributable to the contributory allowance. This also includes awards where both contributory and income‑related ESA are in payment but section 6(4) of the Welfare Reform Act (Northern Ireland) 2007 applies, meaning the amount payable does not exceed the personal rate and is treated as attributable to the contributory allowance. In practice, the change prevents any future entitlement to the income‑related element arising in those cases and converts the award to ‘new style’ ESA (contributory only).

Where an old style ESA award is not wholly attributable to the contributory allowance on 1 December 2025 but becomes so on a later day-such as where a claimant’s income increases so that there is no income‑related entitlement-the amending provisions come into operation on that later day. This creates a rolling conversion point tied to each award’s circumstances rather than a single hard cut‑over date.

The Order also provides an administrative easement for converted ESA cases. When an award moves to new style ESA under these provisions, the Department may delay preparation of a claimant commitment under section 11A of the 2007 Act for such period as is necessary to protect the efficient administration of the allowance. During any period of delay, acceptance of a claimant commitment is not a condition of entitlement.

For Jobseeker’s Allowance (JSA), the remaining ‘old style’ income‑based awards are brought within the amending provisions on 1 April 2026. This applies where those provisions have not yet taken effect in relation to the award and are not otherwise due to come into operation-or to be treated as having come into operation-at the end of a two‑week run‑on period linked to migration to universal credit or a failure to claim by a deadline on managed migration.

Article 39(1)(c) of the 2015 Order, which provides for abolition of Income Support, is also commenced for any remaining Income Support awards on 1 April 2026. The only exception is where an award is already within a two‑week run‑on period, in which case the abolition takes effect after that run‑on completes. This aligns the abolition timetable for Income Support with the final closure of income‑based JSA.

Housing Benefit (HB) is tightened for a defined set of working‑age cases linked to supported or temporary accommodation moves. For claimants not entitled to universal credit, Income Support, income‑based JSA or income‑related ESA, who are not within the state pension credit‑age exemptions in regulation 4A(3)–(5) of the 2016 Transitional Regulations, and whose HB relates to temporary or specified accommodation, Article 39(1)(d) (abolition of HB) is commenced on or after 14 November 2025. The trigger is the day after the last day of entitlement to HB in respect of that temporary or specified accommodation-for example, when a claimant moves into general needs housing.

The definition of ‘specified accommodation’ and ‘temporary accommodation’ follows the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016. The policy effect is that HB awards in these working‑age cases will terminate automatically once the accommodation ceases to be of the specified or temporary type, with claimants expected to meet housing costs through universal credit where eligible. A fresh HB claim remains possible later if the claimant again falls within regulation 4A-for instance, on moving back into specified accommodation or where pension‑age rules apply.

The two‑week run‑on arrangements for legacy income‑related benefits remain intact. Where a claimant moves to universal credit-or fails to claim by a managed migration deadline-the two‑week continuation of income‑based JSA, income‑related ESA or Income Support operates in the usual way. The Order expressly avoids disturbing that run‑on when fixing the 1 April 2026 end‑dates, ensuring short‑term cash‑flow protection continues at the point of transition.

For advisers and administrators, three operational dates matter. From 14 November 2025, working‑age HB tied to temporary or specified accommodation ends the day after such accommodation ceases. From 1 December 2025, contributory‑only ESA awards are converted to new style ESA with no scope for future income‑related entitlement in those cases. From 1 April 2026, any remaining income‑based JSA and Income Support awards end unless protected by a live two‑week run‑on.

The Department signs the Order as a further stage in retiring six legacy benefits in favour of universal credit. The statutory footing is the 2015 Order’s abolition provisions, exercised by the Department for Communities, with definitional cross‑references to the 2007 Act for ESA and to the 2016 Transitional Regulations (as amended) for specified accommodation and managed migration mechanics. The explanatory note confirms that HB changes do not bar a new HB claim later if the claimant again qualifies under regulation 4A.

Policy impact is immediate for organisations housing people in supported or temporary settings and for advice services planning claimant journeys. ESA cases that are contributory‑only will no longer gain a means‑tested top‑up through ESA; where means‑tested support is needed, the route is universal credit. Local HB teams should prepare for award terminations triggered by accommodation moves from 14 November 2025, with clear signposting to universal credit housing costs for working‑age claimants and to pension‑age HB where regulation 4A exemptions apply. The timetable is fixed; delivery now shifts to case‑level execution.],

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