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

Amendment of the Income Support (General) Regulations N.I.

12.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) are amended in accordance with paragraphs (2) to (15).

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

(a) after the definition of “the 1998 Order”(2) insert the following definition—

““the benefit Acts” means the Contributions and Benefits Act, the Jobseekers Order and Part 1 of the Welfare Reform Act”;

(b) after the definition of “the Registered Homes Order”(3) insert—

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

(c) after the definition of “concessionary payment” insert—

““contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;”;

(d) after the definition of “employment”(4) insert—

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

(e) after the definition of “the Housing Benefit (State Pension Credit) Regulations”(5) insert—

““income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;”.

(3) In regulation 6(5)(6) (persons not treated as engaged in remunerative work)—

(a) in sub-paragraph (b) for “or an income-based jobseeker’s allowance” substitute “, an income-based jobseeker’s allowance or an income-related employment and support allowance”; and

(b) in sub-paragraph (c)—

(i) omit “or” after head (i), and

(ii) after head (ii) for “and” substitute—

“or

(iii) an amount determined in accordance with Schedule 6 to the Employment and Support Allowance Regulations (housing costs) as applicable to him in respect of housing costs which qualify under paragraphs 16 to 18 of that Schedule, and”.

(4) In regulation 14(2)(7) (persons of a prescribed description)—

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

(b) after sub-paragraph (c) add—

“or

(d) entitled to an 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.”.

(5) In regulation 31(2)(8) (date on which income is treated as paid) for “or severe disablement allowance” substitute “severe disablement allowance or employment and support allowance”.

(6) In regulation 32(4)(b)(9) (calculation of weekly amount of income) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance”.

(7) In regulation 40 (calculation of income other than earnings) after paragraph (5)(10) add—

“(6) 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 so reduced.”.

(8) In regulation 72 (assessment of income and capital in urgent cases)—

(a) in paragraph (1)(a)(ii)(11) after “(urgent cases)” insert “or of employment and support allowance under regulation 162 of the Employment and Support Allowance Regulations”, and

(b) in paragraph (2)(12) after “regulation 70” insert “, regulation 162 of the Employment and Support Allowance Regulations”.

(9) In regulation 73(3)(13) (amount of income support payable) in the definition of “B” for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”.

(10) In regulation 75(14) (modifications in the calculation of income)—

(a) in paragraph (b) for “or severe disablement allowance” substitute “severe disablement allowance or employment and support allowance”;

(b) in paragraph (e) for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”; and

(c) in paragraph (f) for “or severe disablement allowance” substitute “severe disablement allowance or employment and support allowance”.

(11) In Schedule 3(15) (housing costs)—

(a) in paragraph 1(16) (housing costs)—

(i) in sub-paragraph (3) after head (c) add—

“or

(d) 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(17) (previous entitlement to income-based jobseeker’s allowance or state pension credit)—

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

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

(iii) in sub-paragraph (1)(a) after “1996” add “or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations”;

(c) in paragraph 4(4) (housing costs not met) after “income support”, in each place where it occurs, insert “or income-related employment and support allowance”;

(d) in paragraph 6(1B)(18) (existing housing costs) for “or state pension credit” substitute “, state pension credit or income-related employment and support allowance”;

(e) in paragraph 8(1B)(19) (new housing costs) for “or state pension credit” substitute “, state pension credit or income-related employment and support allowance”;

(f) in paragraph 14 (linking rule)—

(i) in sub-paragraph (5)(a)(20) for “or incapacity benefit” substitute “, incapacity benefit or contributory employment and support allowance”, and

(ii) after sub-paragraph (14)(21) add—

“(15) For the purposes of determining whether the linking rules set out in this paragraph apply in a case where [F1 a claimant, a claimant’s partner or] a claimant’s former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.”; and

(g) in paragraph 18(7)(22) (non-dependant deductions) after head (h) add—

“(i) he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section F2 ...(5) of the Welfare Reform Act (components).”.

(12) In Schedule 7 (applicable amounts in special cases) in paragraph 17A(23) (persons who have commenced remunerative work) in column 2—

(a) in sub-paragraph (1)—

(i) in head (a)—

(aa) omit “or” after sub-head (i), and

(bb) after sub-head (ii) add—

“or

(iii) as the case may be, Schedule 6 to the Employment and Support Allowance Regulations (housing costs),”,

(ii) in head (b) after “income support” in the first place where it occurs, insert “, income-related employment and support allowance”.

(13) In paragraph 4(7)(24) of Schedule 8 (sums to be disregarded in the calculation of earnings) after “income support” in each place where it occurs insert “or employment and support allowance”.

(14) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 7(b)(25) for “or jobseeker’s allowance” substitute “, jobseeker’s allowance or employment and support allowance.”; and

(b) in paragraph 13(1)(a)(26) for “or severe disablement allowance” substitute “, severe disablement allowance or an employment and support allowance”.

(15) In paragraph 7(27) of Schedule 10 (capital to be disregarded)—

(a) in sub-paragraph (1)(b) after “income-related benefit” insert “, an income-related employment and support allowance”; and

(b) in sub-paragraph (3)—

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

(ii) in head (b) after “income support” insert “, an income-related employment and support allowance”.

Textual Amendments

F1 Words in reg. 12(11)(f)(ii) inserted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/413), regs. 1(2), 5(2)(a)

F2 Words in reg. 12(11)(g)(i) 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(2)(b)

Commencement Information

I1 Reg. 12 in operation at 27.10.2008, see reg. 1(b)

(1)

S.R. 1987 No. 459; relevant amending Rules are 1988 Nos. 146, 318 and 431, S.R. 1989 Nos. 139 and 395, S.R. 1992 No. 6, S.R. 1993 No. 149, S.R. 1995 Nos. 67, 301 and 434, S.R. 1996 Nos. 199 and 449, S.R. 1997 Nos. 165 and 435, S.R. 1998 No. 81, S.R. 1999 Nos. 107 and 472 (C. 36), S.R. 2000 Nos. 71, 74 and 366, S.R. 2001 Nos. 78 and 261, S.R. 2002 Nos. 132 and 295, S.R. 2003 Nos. 191, 195, 261 and 338, S.R. 2004 Nos. 143, 394 and 461, S.R. 2005 Nos. 319 (C. 23), 458 and 580, S.R. 2006 Nos. 128, 359 and 407, S.R. 2007 Nos. 196 and 475 and S.R. 2008 No. 112

(2)

The definition of “the 1998 Order” was inserted by Article 7(3) of S.R. 1999 No. 472 (C. 36)

(3)

The definition of “the Registered Homes Order” was inserted by regulation 2(2)(a) of S.R. 1993 No. 149

(4)

The definition of “employment” was inserted by regulation 2(b) of S.R. 1988 No. 318

(5)

The definition of “the Housing Benefit (State Pension Credit) Regulations” was inserted by paragraph 12(2)(a) of Schedule 2 to S.R. 2006 No. 407

(6)

Regulation 6(5) was added by regulation 4 of S.R. 2001 No. 78 and amended by regulation 2(2) of S.R. 2007 No. 475

(7)

Regulation 14(2) was substituted by paragraph 2 of Schedule 1 to S.R. 2005 No. 319 (C. 23) and amended by regulation 2(4)(b) of S.R. 2006 No. 128

(8)

Regulation 31(2) was amended by regulation 14 of S.R. 1988 No. 146, regulation 7 of S.R. 1988 No. 318, regulation 2(7) of S.R. 1995 No. 67 and regulation 15 of S.R. 1996 No. 199

(9)

Regulation 32(4)(b) was amended by regulation 16(b) of S.R. 1996 No. 199

(10)

Paragraph (5) was added by regulation 5(6)(b) of S.R. 2000 No. 71

(11)

Paragraph (1)(a) was substituted by regulation 12(1)(a) of S.R. 1998 No. 81

(12)

Paragraph (2) was amended by regulation 13(c) of S.R. 1988 No. 431, regulation 2(4)(b) of S.R. 1996 No. 449, regulation 12(1)(b) of S.R. 1998 No. 81 and regulation 2(12) of S.R. 2008 No. 112

(13)

Regulation 73 was inserted by regulation 28 of S.R. 1988 No. 146 and amended by regulation 16 of S.R. 1988 No. 318, regulation 2(9) of S.R. 1995 No. 67, regulation 19 of S.R. 1996 No. 199 and paragraph 12 of the Schedule to S.R. 2002 No. 132

(14)

Regulation 75 was inserted by regulation 28 of S.R. 1988 No. 146 and amended by regulation 16 of S.R. 1988 No. 318, regulation 2(10) of S.R. 1995 No. 67 and regulation 20 of S.R. 1996 No. 199

(15)

Schedule 3 was inserted by regulation 2 of S.R. 1995 No. 301

(16)

Paragraph 1 was amended by regulation 2(3)(a) of S.R. 1995 No. 434, regulation 2(a) of S.R. 2004 No. 461 and regulation 5(7)(a) of S.R. 2006 No. 359

(17)

Paragraph 1A was inserted by regulation 2(2) of S.R. 1997 No. 435 and amended by regulation 2(3)(a) of S.R. 2007 No. 475

(18)

Paragraph 6(1B) was inserted by regulation 2(4) of S.R. 1997 No. 435 and amended by regulation 24(6)(a) of S.R. 2003 No. 191

(19)

Paragraph 8(1B) was inserted by regulation 2(6) of S.R. 1997 No. 435 and amended by regulation 24(6)(b) of S.R. 2003 No. 191

(20)

Sub-paragraph (5) was amended by regulation 2(3)(i)(ii) of S.R. 1995 No. 434, regulation 24(b)(i) of S.R. 1996 No. 199 and regulation 3 of S.R. 1999 No. 107

(21)

Sub-paragraph (14) was added by regulation 24(6)(d) of S.R. 2003 No. 191

(22)

Paragraph 18(7) was amended by regulation 3 of S.R. 1997 No. 165, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 3(4) of S.R. 2003 No. 261, regulation 4(b)(ii) of S.R. 2004 No. 394, regulation 3(4) of S.R. 2005 No. 580 and regulation 5 of, and paragraph 1(4)(b) of Schedule 2 to, S.R. 2006 No. 407

(23)

Paragraph 17A was inserted by regulation 7 of S.R. 2001 No. 78 and amended by paragraph 15(l) of the Schedule to S.R. 2002 No. 132

(24)

Paragraph 4 was substituted by regulation 9 of S.R. 1989 No. 139 and amended by regulation 12(a) of S.R. 1989 No. 395, regulation 9(a) of S.R. 2000 No. 74, regulation 3 of S.R. 2000 No. 366, paragraph 16(a) of the Schedule to S.R. 2002 No. 132, regulation 24(7)(c) of S.R. 2003 No. 191 and regulation 3 of, and paragraph 11 of Schedule 1 to, S.R. 2005 No. 458

(25)

Paragraph 7(b) was amended by regulation 9(1)(c)(i)(b) of S.R. 1998 No. 81

(26)

Paragraph 13 was substituted by regulation 2(3) of S.R. 2004 No. 143 and amended by regulation 2(7)(a) of S.R. 2007 No. 196

(27)

Paragraph 7 was amended by regulation 10(7) of S.R. 1992 No. 6, regulation 26 of S.R. 1996 No. 199, regulation 2(2)(b) of S.R. 2001 No. 261, regulation 2 of S.R. 2002 No. 295, paragraph 24(a) of Schedule 1 to S.R. 2003 No. 195 and regulation 2(4) of S.R. 2003 No. 338