The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008

Amendment of the Jobseeker’s Allowance Regulations N.I.

19.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(1) are amended in accordance with paragraphs (2) to (29).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Eileen Trust” insert—

““the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;”;

(b) after the definition of “week” insert—

““the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;”.

(3) In regulation 11(2) (part-time students) for “or incapacity benefit” in each place where it occurs substitute “, incapacity benefit or employment and support allowance”.

(4) In regulation 14(1) (circumstances in which a person is to be treated as available)—

(a) in sub-paragraphs (k) and (kk)(2) (circumstances in which a person is to be treated as available) after “capable of work” insert “or as not having limited capability for work”; and

(b) in sub-paragraph (n)(ii)(3) after “incapacity benefit” insert “, employment and support allowance”.

(5) In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment) in sub-paragraphs (k) and (kk) after “capable of work” insert “or as not having limited capability for work”.

(6) In regulation 46(1)(4) (waiting days)—

(a) in sub-paragraph (a) after “incapacity benefit” insert “, employment and support allowance”; and

(b) in sub-paragraph (d) after “incapacity benefit” insert “, employment and support allowance”.

(7) In regulation 48(2)(5) (linking periods) after sub-paragraph (b) insert—

“(bb) any period throughout which the claimant has, or is treated as having, limited capability for work for the purposes of Part 1 of the Welfare Reform Act;”.

(8) In regulation 49 (persons approaching retirement and the jobseeking period)—

(a) in paragraph (2)(6) for “(3) and (4)” substitute “(3), (4) and (4A)”; and

(b) after paragraph (4) insert—

“(4A) Any day which, for the purposes of Part 1 of the Welfare Reform Act, is a day where the person has limited capability for work falling within a period of limited capability for work shall not be a day on which the person is treated as satisfying the conditions referred to in paragraph (2).”.

(9) In regulation 55 (short periods of sickness)—

(a) in paragraph (1)(7)—

(i) in sub-paragraph (c) after “capable of work” insert “or not having limited capability for work”,

(ii) after “capable of work”, in the second place where it occurs, insert “or as not having limited capability for work”, and

(iii) after “incapacity benefit” insert “, employment and support allowance,”; and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In regulation 55A(1)(8) (periods of sickness and persons receiving treatment outside Northern Ireland)—

(a) in sub-paragraph (d) after “capable of work” insert “or not having limited capability for work”;

(b) after “capable of work”, in the second place where it occurs, insert “or as not having limited capability for work”; and

(c) after “incapacity benefit” insert “, employment and support allowance”.

(11) In regulation 61(9) (other young persons in prescribed circumstances)—

(a) in paragraph (1) after sub-paragraph (f) add—

“(g) who has limited capability for work for the purpose of Part 1 of the Welfare Reform Act.”; and

(b) in paragraph (2)(b) for “1(b) or (c)” in each place where it occurs substitute “1(b), (c) or (g)”.

(12) In regulation 76(2)(10) (persons of a prescribed description) after sub-paragraph (d) add—

“or

(e) entitled to an income-related employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitled.”.

(13) In regulation 78(6) (circumstances in which a person is to be treated as being or not being a member of the household) after “income support” insert “or an income-related employment and support allowance”.

(14) In regulation 96(2) (date on which income is treated as paid) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

(15) In regulation 97(4)(b) (calculation of weekly amount of income) for “or income support” substitute “, income support or employment and support allowance”.

(16) In regulation 103 (calculation of income other than earnings) after paragraph (5A)(11) insert—

“(5B) Where the claimant—

(a) is a member of a couple;

(b) his partner is receiving a contributory employment and support allowance, and

(c) that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations,

the amount of that benefit to be taken into account is the amount as if it had not been reduced.”.

(17) In regulation 140(3)(12) (meaning of “person in hardship”) after “income support” insert “or an income-related employment and support allowance”.

(18) In regulation 146A(3)(13) (meaning of “couple in hardship”) after “(income support)” add “or an employment and support allowance”.

F2 (19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20) In regulation 150(1)(b) (amount of a jobseeker’s allowance payable) in the definition of “B” for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”.

(21) In regulation 153(b) (modification in the calculation of income) after “Benefits Act” insert “or employment and support allowance”.

(22) In regulation 169(b) (trade disputes: exemptions from Article 17 of the Order)—

(a) omit “or” after sub-paragraph (i); and

(b) after sub-paragraph (ii) add—

“or

(iii) has limited capability for work.”.

(23) In Schedule A1(14) (categories of members of a joint-claim couple etc.)—

(a) after paragraph 6 (member incapable of work) insert—

“Member has limited capability for work

6A.   A person who—

(a) has limited capability for work under section 8 of the Welfare Reform Act;

(b) is treated as having limited capability for work under regulations made under paragraph 1 of Schedule 2 to that Act, or

(c) is treated as not having limited capability for work under regulations made under section 18(1) of that Act (disqualification).”;

(b) in paragraph 12 (pregnancy) after “incapable of work” insert “or who has limited capability for work”.

(24) In Schedule 1 (applicable amounts) in paragraph 1(3)(15)—

(a) in head (a)—

(i) in sub-head (iii) after “income support” insert “or an income-related employment and support allowance”, and

(ii) in sub-head (vii) after “income support” insert “or an income-related employment and support allowance”;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in head (g)(iii) after “income support” insert “or an income-related employment and support allowance”;

(d) in head (h)(iii) after “income support” insert “or an income-related employment and support allowance”; and

(e) in paragraph 20H(1)(16) (additional conditions for higher pensioner and disability premium) after sub-paragraph (e) insert—

“(ee) has had limited capability for work or has been treated as having limited capability for work for a continuous period of not less than—

(i) 196 days in the case of a member of a joint-claim couple who is terminally ill within the meaning of regulation 2(1) of the Employment and Support Allowance Regulations, or

(ii) 364 days in any other case,

and for these purposes any two or more periods of limited capability for work separated by a break of not more than 12 weeks is to be treated as one continuous period;”.

(25) In Schedule 2 (housing costs)—

(a) in paragraph 1 (housing costs)—

(i) in sub-paragraph (3)(17)—

(aa) omit “or” after head (c), and

(bb) after head (d) add—

“or

(e) who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components).”, and

(ii) in sub-paragraph (4) after “disqualification etc.)” add “or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification)”;

(b) in paragraph 1A(18) (previous entitlement to income support or state pension credit)—

(i) in the heading after “income support” insert “, income-related employment and support allowance”,

(ii) after “income support” in each place where it occurs insert “or income-related employment and support allowance”,

(iii) in sub-paragraph (1)(a) after “Income Support Regulations” insert “or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations”, and

(iv) in sub-paragraph (1A)(a)(19) after “Income Support Regulations” insert “or paragraph 16 or 17 of Schedule 6 to the Employment and Support Allowance Regulations”;

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in paragraph 7 (new housing costs)—

(i) in sub-paragraph (2A)(20) after “income support” insert “or income-related employment and support allowance”, and

(ii) in sub-paragraph (2B)(21) after “income support” insert “or income-related employment and support allowance”;

(e) in paragraph 13(6)(a) (linking rule) for “or incapacity benefit” substitute “, incapacity benefit or contributory employment and support allowance”;

(f) in paragraph 17(7) (non-dependant deductions)—

(i) omit “or” after head (g), and

(ii) after head (h)(22) add—

“or

(i) he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section F5 ... 4(4) or (5) of the Welfare Reform Act (components).”; and

(g) in paragraph 18 (continuity with income support)—

(i) in the heading after “income support” add “or income-related employment and support allowance”, and

(ii) in sub-paragraph (1)—

(aa) after “income support” in the first place where it occurs, insert “or income-related employment and support allowance”, and

(bb) in head (c) after “income support” insert “or income-related employment and support allowance”.

(26) In paragraph 5(7) of Schedule 5 (sums to be disregarded in the calculation of earnings) for “or income support” in each place where it occurs substitute “, income support or an employment and support allowance”.

(27) In paragraph 1(5) of Schedule 5A(23) (sums to be disregarded in the calculation of earnings of members of joint-claim couples) for “income support” in each place where it occurs substitute “, income support or an employment and support allowance”.

(28) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph 14(1)(a)(24) for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”.

(29) In paragraph 12(25) of Schedule 7 (capital to be disregarded)—

(a) in sub-paragraph (1)(b) after “working tax credit” add “or an income-related employment and support allowance”; and

(b) in sub-paragraph (3) for “or of income support” in each place where it occurs substitute “, income support or of an income-related employment and support allowance”.

Textual Amendments

F1 Reg. 19(9)(b) revoked (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 12, Sch.

F2 Reg. 19(19) revoked (25.1.2010) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/6), reg. 1(2), Sch. Pt. 1 (with reg. 2(2)-(4))

F3 Reg. 19(24)(b) revoked (1.8.2009) by The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/261), regs. 1(1), 4(b)

F4 Reg. 19(25)(c) revoked (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/44), reg. 1(1), Sch. (with reg. 6)

F5 Words in reg. 19(25)(f)(ii) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(2), 5(4)

F6 Reg. 19(28)(a) revoked (5.1.2009) by The Social Security (Miscellaneous Amendments No. 7) Regulations (Northern Ireland) 2008 (S.R. 2008/498), reg. 1(1), Sch.

Commencement Information

I1 Reg. 19 in operation at 27.10.2008, see reg. 1(b)

(1)

S.R. 1996 No. 198; relevant amending Rules are S.R. 1996 Nos. 202, 356, 358 and 503, S.R. 1997 Nos. 22, 435 and 541, S.R. 1998 No. 81, S.R. 1999 Nos. 428 (C. 32) and 468, S.R. 2000 No. 350, S.R. 2001 Nos. 120, 151 and 261, S.R. 2002 Nos. 275, 295 and 323, S.R. 2003 Nos. 191, 195 and 338, S.R. 2004 Nos. 143, 308 and 394, S.R. 2005 Nos. 98, 319 (C. 23) and 536, S.R. 2006 Nos. 128 and 359, S.R. 2007 Nos. 154, 196 and 475 and S.R. 2008 No. 112

(2)

Sub-paragraph (kk) was inserted by regulation 3(2)(a) of S.R. 2004 No. 308

(3)

Sub-paragraph (n) was inserted by regulation 2 of S.R. 1999 No. 468

(4)

Regulation 46(1) was amended by paragraph 10 of Schedule 2 to S.R. 2000 No. 350 and regulation 3 of S.R. 2002 No. 323

(5)

Regulation 48(2) was amended by regulation 2(8)(a) of S.R. 1996 No. 503, regulation 4 of S.R. 1997 No. 541, regulation 3 of S.R. 2001 No. 151, regulation 2(3) of S.R. 2002 No. 275 and regulation 3 of S.R. 2002 No. 323

(6)

Paragraph (2) was substituted by regulation 16(2) of S.R. 1996 No. 358

(7)

Paragraph (1) was amended by regulation 17 of S.R. 1996 No. 358, Article 9(5)(d) of S.R. 1999 No. 428 (C. 32) and paragraph 17 of Schedule 2 to S.R. 2000 No. 350

(8)

Regulation 55A was inserted by regulation 3(6) of S.R. 2004 No. 308

(9)

Regulation 61 was amended by paragraph 19 of Schedule 2 to S.R. 2000 No. 350

(10)

Regulation 76(2) was amended by paragraph 2 of Schedule 3 to S.R. 2005 No. 319 (C. 23) and regulation 4(6)(b) of S.R. 2006 No. 128

(11)

Paragraph 5A was inserted by regulation 7(2) of S.R. 1997 No. 22

(12)

Regulation 140(3) was amended by regulation 25 of S.R. 1996 No. 358

(13)

Regulation 146A was inserted by regulation 2(3) of S.R. 2000 No. 350

(14)

Schedule A1 was inserted by regulation 2(4) of S.R. 2000 No. 350 and amended by regulation 2(6) of S.R. 2001 No. 120, regulation 3 of S.R. 2002 No. 323, regulation 4(9) of S.R. 2006 No. 128 and regulation 13(11) of S.R. 2006 No. 359

(15)

Paragraph 1(3) was amended by regulation 16 of S.R. 1996 No. 356, paragraph 23(11)(a) of Schedule 3 to S.R. 2005 No. 536, regulation 3(8)(a) of S.R. 2007 No. 154 and regulation 4(13)(a) and (b) of S.R. 2008 No. 112

(16)

Paragraph 20H was inserted by paragraph 53(4) of Schedule 2 to S.R. 2000 No. 350 and amended by paragraph 20(e) of Schedule 2 to S.R. 2003 No. 195 and regulation 13(12)(a) of S.R. 2006 No. 359

(17)

Sub-paragraph (3) was amended by regulation 13(13)(a) of S.R. 2006 No. 359

(18)

Paragraph 1A was inserted by regulation 5(2) of S.R. 1997 No. 435 and amended by paragraph 54(2) of Schedule 2 to S.R. 2000 No. 350 and regulation 4(a) of S.R. 2007 No. 475

(19)

Sub-paragraph (1A) was inserted by paragraph 54(2) of Schedule 2 to S.R. 2000 No. 350

(20)

Sub-paragraph (2A) was inserted by regulation 5(6) of S.R. 1997 No. 435

(21)

Sub-paragraph (2B) was inserted by paragraph 54(6) of Schedule 2 to S.R. 2000 No. 350

(22)

Head (h) was added by regulation 5(b) of S.R. 2004 No. 394

(23)

Schedule 5A was inserted by regulation 2(5) of, and paragraph 58 of Schedule 2 to, S.R. 2000 No. 350

(24)

Paragraph 14 was substituted by regulation 4(3)(a) of S.R. 2004 No. 143 and amended by regulation 4(7)(a) of S.R. 2007 No. 196

(25)

Paragraph 12 was amended by regulation 2(2)(c) of S.R. 2001 No. 261, regulation 4 of S.R. 2002 No. 295, paragraph 24(a) of Schedule 2 to S.R. 2003 No. 195, regulation 4(3) of S.R. 2003 No. 338 and regulation 5(6) of S.R. 2005 No. 98