- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (27/10/2008)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 03/04/2017
Point in time view as at 27/10/2008. This version of this provision has been superseded.
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Welfare Reform Act (Northern Ireland) 2007, Section 4 is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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4—(1) In the case of an income-related allowance, the amount payable in respect of a claimant shall be—
(a)if he has no income, the applicable amount;
(b)if he has an income, the amount by which the applicable amount exceeds his income.
(2) Subject to subsection (3), the applicable amount for the purposes of subsection (1) shall be calculated by—
(a)taking such amount, or the aggregate of such amounts, as may be prescribed, and
(b)if in the claimant's case the conditions of entitlement to the support component or the work-related activity component are satisfied, adding the amount of that component.
(3) Regulations may provide that, in prescribed cases, the applicable amount for the purposes of subsection (1) shall be nil.
(4) The conditions of entitlement to the support component are—
(a)that the assessment phase has ended,
(b)that the claimant has limited capability for work-related activity, and
(c)that such other conditions as may be prescribed are satisfied.
(5) The conditions of entitlement to the work-related activity component are—
(a)that the assessment phase has ended,
(b)that the claimant does not have limited capability for work-related activity, and
(c)that such other conditions as may be prescribed are satisfied.
(6) Regulations may—
(a)prescribe circumstances in which paragraph (a) of subsection (4) or (5) is not to apply;
(b)prescribe circumstances in which entitlement under subsection (4) or (5) is to be backdated;
(c)make provision about the amount of the component under subsection (4) or (5).
Modifications etc. (not altering text)
C1S. 4(4)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 7(1) (subject to reg. 7(2))
C2S. 4(4)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 146(3)(b)
C3S. 4(5)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 7(1) (subject to reg. 7(2))
C4S. 4(5)(a) excluded (27.10.2008) by Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008/280), regs. 1(1), 146(3)(b)
Commencement Information
I1S. 4 wholly in operation at 27.10.2008; s. 4 not in operation at Royal Assent see s. 60(1); s. 4(2)(a)(3)(6)(a)(c) in operation for certain purposes at 1.7.2008 and wholly in operation at 27.10.2008 by S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1; s. 4 in operation at 27.10.2008 in so far as not already in operation by S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2
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