The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017

Amendment of the Employment and Support Allowance Regulations (Northern Ireland) 2008 N.I.

2.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 M1 are amended in accordance with paragraphs (2) to (5).

(2) In regulation 7 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or the work-related activity component arises does not apply) M2 —

(a) in the heading omit “or the work-related activity component”;

(b) in paragraph (1) for “sections 2(2)(a) and (3)(a) and 4(4)(a) and (5)(a)” substitute “ sections 2(2)(a) and 4(4)(a) ”; and

(c) in paragraph (1B)—

(i) in sub-paragraph (a)(i) for “sections 2(2), 2(3), 4(4) or 4(5)” substitute “ sections 2(2) and 4(4) ”; and

(ii) in sub-paragraph (d)(i) for “sections 2(2), 2(3), 4(4) or 4(5)” substitute “ sections 2(2) or 4(4) ”.

(3) In regulation 67(3) (prescribed amounts)—

(a) omit “work-related activity component and the”; and

(b) for “are” substitute “ is ”.

(4) In Schedule 4 (amounts)—

(a) in Part 1 (prescribed amounts), in paragraph 1, in column (1)—

(i) in sub-paragraph 1(a) omit “or (3)” and “or (5)”;

(ii) in sub-paragraph 2(a) omit “or (5)”;

(iii) in sub-paragraph 3(c), (f) and (g) omit “or (5)”; and

(b) in Part 3 (weekly amount of premiums specified in Part 2) in paragraph 11(1)—

(i) in paragraph (a)—

(aa) in columns “Premium” and “Amount” omit sub-paragraph (i);

(bb) in column “Premium” for sub-paragraph (iii) substitute—

“(iii) is not entitled to the support component;”;

(ii) in paragraph (b)—

(aa) in columns “Premium” and “Amount” omit sub-paragraph (i);

(bb) in column “Premium” for sub-paragraph (iii) substitute—

“(iii) is not entitled to the support component;”; and

(c) in Part 4 (the components)—

(i) in the heading, for “(THE COMPONENTS)” substitute “ (THE COMPONENT) ”; and

(ii) omit paragraph 12.

(5) In Schedule 6 (housing costs) M3 —

(a) in paragraph 1(3)(a)(ii) omit “including a work-related activity component under section 2(3) of the Act (amount of contributory allowance: work-related activity component)”; and

(b) in paragraph 19(7)(d) for “which does not include an amount under section 4(2)(b) of the Act” substitute “ and they are still in the assessment phase in accordance with regulation 4 ”.

Marginal Citations

M1 S.R. 2008 No. 280; relevant amending Regulations are S.R. 2008 No. 478, S.R. 2012 No. 160 and S.R 2016 No. 67 and 175

M2 Regulation 7(1) was amended by regulation 12 of S.R. 2008 No. 478, regulation 2(3)(a) of S.R. 2012 No. 160, regulation 6 of S.R. 2016 No. 67 and regulation 8(2) of S.R. 2016 No. 175. Regulation 7(1B) was inserted by regulation 2(3)(b) of S.R. 2012 No. 160.

M3 Paragraph 1(3)(a) was substituted by regulation 8(4) of S.R. 2016 No. 175